Office of the Revisor of Statutes
Minnesota Session Laws - 1993, 1st Special Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota, 1993 First Special Session
CHAPTER 2-S.F.No. 2
An act relating to 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; prescribing changes in eligibility and in
duties and responsibilities for certain financial
assistance programs; prescribing fees; adjusting
certain duties and powers of the higher education
coordinating board; prescribing certain changes for
post-secondary systems; establishing an instructional
telecommunications council; providing for grants from
the higher education coordinating board for regional
linkages and coordination; authorizing the state board
of community colleges to use higher education
facilities authority revenue bonds to construct
student residences; creating three accounts in the
permanent university fund and making allocations from
the accounts; providing tuition exemptions at
technical colleges for Southwest Asia veterans;
establishing grant programs to promote recruitment and
retention initiatives by nurses training programs
directed toward persons of color; establishing grant
programs for nursing students who are persons of
color; amending Minnesota Statutes 1992, sections
3.9741; 16A.127, subdivision 8; 126.56, subdivision 5;
135A.03, subdivision 7; 135A.06, subdivision 1;
135A.061; 136A.02, subdivisions 5, 6, and 7;
136A.0411; 136A.08, subdivisions 2 and 6; 136A.101,
subdivisions 1 and 7; 136A.121, subdivisions 6 and 9;
136A.1353, subdivision 4; 136A.1354, subdivision 4;
136A.1701, subdivision 4, and by adding a subdivision;
136A.233; 136A.653, subdivision 1; 136A.69; 136A.87;
136C.13, subdivision 4; 136C.15; 136C.61, subdivision
7; 136E.03; 136E.04, subdivision 1; 137.022,
subdivision 3, and by adding a subdivision; 141.25,
subdivision 8; 141.26, subdivisions 1 and 5; and
583.24, subdivision 4; Laws 1986, chapter 398, article
1, section 18, as amended; Laws 1990, chapter 591,
article 3, section 10, as amended; Laws 1991, chapter
356, articles 6, section 4, as amended; and 9,
sections 8 and 10; proposing coding for new law in
Minnesota Statutes, chapters 136A; and 137; repealing
Minnesota Statutes 1992, sections 136A.121,
subdivision 10; 136A.134; 136A.234; and 136A.70; Laws
1991, chapter 356, article 8, section 23.
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 "1994" or "1995" in this
article indicates that the amount is appropriated to be
available for the fiscal year ending June 30, 1994, or June 30,
1995, respectively. "The first year" is fiscal year 1994. "The
second year" is fiscal year 1995. "The biennium" is fiscal
years 1994 and 1995.
SUMMARY BY FUND
1994 1995 TOTAL
General $1,005,181,000 $1,037,819,000 $2,043,000,000
SUMMARY BY AGENCY - ALL FUNDS
1994 1995 TOTAL
Higher Education Coordinating Board
122,248,000 119,498,000 241,746,000
State Board of Technical Colleges
165,109,000 170,525,000 335,634,000
State Board for Community Colleges
95,751,000 104,248,000 199,999,000
State University Board
175,399,000 179,621,000 355,020,000
Board of Regents of the University of Minnesota
444,966,000 462,187,000 907,153,000
Mayo Medical Foundation
808,000 840,000 1,648,000
Higher Education Board
900,000 900,000 1,800,000
APPROPRIATIONS
Available for the Year
Ending June 30
1994 1995
Sec. 2. HIGHER EDUCATION
COORDINATING BOARD
Subdivision 1. Total
Appropriation 122,248,000 119,498,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. Agency Administration
3,216,000 3,166,000
The higher education coordinating
board, in cooperation with the
commissioner of finance and the
commissioner of revenue, shall
determine if there is an economically
feasible way to encourage families to
save money for their children's
education. Particular effort shall be
directed at the education savings plans
contained in S.F. No. 468 and S.F. No.
1346 to determine if the tax revenue
losses predicted in the fiscal notes
are accurate, and if the benefits to an
individual and the state are of greater
value than the state's lost revenues.
The higher education coordinating board
shall report its findings to the
governor and the education and tax
committees of the legislature before
September 15, 1993. The report shall
include specific options for financing
the recommendations, any necessary tax
form and instruction changes, and any
other information necessary for the
proposals to be enacted into law.
The higher education coordinating board
shall examine the feasibility of
reducing the minimum amount a student
can borrow under the SELF program, and
allowing SELF recipients who return to
school during their repayment phase to
reenter the in-school phase of
payments. The board may change the
SELF loan requirements based on the
results of the examination.
This appropriation includes money to
provide technical advice and other
support for child care innovation at
eligible institutions, and to review
biennial plans submitted by
institutions. Plans must include
strategies to supplement state money
with community resources.
Subd. 3. State Grants
101,950,000 97,950,000
If the appropriation in this
subdivision for either year is
insufficient, the appropriation for the
other year is available for it.
The legislature intends that the higher
education coordinating board make full
grant awards in each year of the
biennium.
This appropriation contains money for
increasing living allowances for state
grants to $4,115 each year.
Beginning in the 1994-1995 academic
year, the legislature intends to adopt
the private college cap of $6,814
recommended by the higher education
coordinating board and the department
of finance, pending alternative
recommendations of the financial aid
task force.
The higher education coordinating board
shall meet with the nursing community
in order to evaluate consolidating all
nursing grant programs administered by
the state, and report its findings to
the legislature by February 1, 1994.
This appropriation includes $250,000
each year for grants to nursing
programs to recruit persons of color
and to provide grants to nursing
students who are persons of color. Of
this amount, $100,000 each year is for
recruitment and retention of students
of color in nursing programs leading to
licensure as a registered nurse. Other
than the grants to students, all grants
shall be matched with at least the same
amount from grantee sources or nonstate
money.
This appropriation includes money to
begin postservice benefit accounts for
the youthworks program. By October 1,
1993, the higher education coordinating
board, in consultation with the
youthworks task force, shall design a
plan to administer the postservice
benefit accounts of the youthworks
program. The plan shall include
strategies to augment the appropriation
by maximizing federal and other
nonstate money. The board shall report
the plan to the education committees of
the legislature by October 1, 1993. In
the event that federal money becomes
available for post-secondary
initiatives involving community
service, the board may use this money
for any state contribution required.
Subd. 4. Interstate Tuition
Reciprocity
5,050,000 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.
The higher education coordinating board
is authorized to enter into a
reciprocity agreement with the province
of Ontario.
By February 1, 1994, the higher
education coordinating board and the
department of finance shall jointly
report on the fiscal and policy
implications of tuition reciprocity
agreements to the higher education
finance divisions. The report shall
examine the costs to the state, the
effects on Minnesota public
post-secondary systems and campuses,
enrollment patterns of Minnesota
students in reciprocity states, and the
enrollment patterns of reciprocity
students in Minnesota institutions.
The public post-secondary systems shall
be consulted throughout the study.
Subd. 5. State Work Study
8,219,000 8,219,000
Increases in the appropriation for the
state work-study program shall be used,
to the extent possible, for campus work
that is relevant to a student's
academic program or that otherwise
provides a meaningful academic
experience, or for public service work
in the community.
Subd. 6. Minitex Library Program
2,063,000 2,063,000
Subd. 7. Telecommunications
1,750,000 3,050,000
(1) $642,000 the first year and
$1,028,000 the second year is for the
purposes of article 5, section 2.
(2) $758,000 the first year and
$1,322,000 the second year is for
grants for regional linkages in article
5, section 3.
(3) $350,000 the first year and
$700,000 the second year is for grants
for regional coordination in article 5,
section 4.
The appropriations in this subdivision
may be transferred among the clauses
and between fiscal years.
Subd. 8. Income Contingent Loans
The higher education coordinating board
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. 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 under Minnesota Statutes,
section 136A.162.
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.
Sec. 3. STATE BOARD OF TECHNICAL COLLEGES
Subdivision 1. Total
Appropriation 165,109,000 170,525,000
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
$225,758,000 the first year and
$234,386,000 the second year.
The technical colleges and community
colleges shall ensure that a
participating business or agency
compensates for as much of the cost of
the customized training services as
possible, in the form of money or
in-kind contributions. The state's
share shall not exceed 50 percent of
the systemwide costs of these services.
The state board of technical colleges
is requested to continue its policy of
assisting students who are refugees.
Subd. 3. Noninstructional Expenditures
The legislature estimates that
noninstructional expenditures will be
$1,647,000 the first year and
$1,606,000 the second year.
$462,000 the first year and $421,000
the second year are for debt service
payments to school districts for
technical college buildings financed
with district bonds issued before
January 1, 1979.
$150,000 each year is for southwest
Asia veterans tuition relief.
Subd. 4. State Council on Vocational
Technical Education
This appropriation includes funding for
the state council on vocational
education.
Sec. 4. STATE BOARD FOR COMMUNITY
COLLEGES
Subdivision 1. Total
Appropriation 95,751,000 104,248,000
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
$129,095,000 the first year and
$141,698,000 the second year.
$134,000 each year is for
administrative and instructional
support at the Anoka-Ramsey Community
College extension center in Cambridge.
The legislature intends that Cambridge
continue to be operated as an extension
center and not be developed into an
independent college.
Subd. 3. Noninstructional
Expenditures
The legislature estimates that
noninstructional expenditures will be
$22,229,000 each year.
Sec. 5. STATE UNIVERSITY BOARD
Subdivision 1. Total
Appropriation 175,399,000 179,621,000
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
$241,285,000 the first year and
$247,587,000 the second year.
Notwithstanding Minnesota Statutes,
section 136.09, subdivision 3, 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 ways and means.
The state university board shall review
the internal allocation formula used to
distribute appropriations to its
campuses. The legislature anticipates
that the board will provide funding
consistent with its overall
appropriation to the Winona State
University campus for the unique costs
associated with upper division
offerings at the Rochester center.
Winona State University, in cooperation
with Rochester Community College and
the University of Minnesota, shall
develop and implement a plan to reduce
the duplication and cost of
administrative and student services at
the Rochester center. All savings that
result from implementing the plan may
be retained by the three systems in
proportion to the amount that each
saved, and shall be redirected to
improving programs, acquiring better
equipment, and improving the retention
and graduation rates.
Subd. 3. Noninstructional
Expenditures
The legislature estimates that
noninstructional expenditures will be
$26,654,000 each year.
Sec. 6. BOARD OF REGENTS OF THE
UNIVERSITY OF MINNESOTA
Subdivision 1. Total
Appropriation 444,966,000 462,187,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. Operations and
Maintenance 362,119,000 375,980,000
(a) Instructional Expenditures
The legislature estimates that
instructional expenditures will be
$385,040,000 the first year and
$405,863,000 the second year.
(b) Noninstructional Expenditures
The legislature estimates that
noninstructional expenditures will be
$115,289,000 each year.
Subd. 3. Special
Appropriation 82,847,000 86,207,000
The amounts expended for each program
in the four categories of special
appropriations shall be separately
identified in the 1995 biennial budget
document.
(a) Agriculture and Extension Service
44,247,000 45,997,000
This appropriation is for the
Agricultural Experiment Station 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
16,758,000 17,458,000
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
2,911,000 3,021,000
This appropriation is for the
Geological Survey, Underground Space
Center, Talented Youth Mathematics
Program, Microelectronics and
Information Science Center, and the
Productivity Center.
(d) System Specials
18,931,000 19,731,000
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 Education Amendments of 1972
and Minnesota Statutes, section
126.21. 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
Prior to selling its shares in the
supercomputer center, the board of
regents shall present its plan for the
sale and for meeting its supercomputing
needs to the higher education finance
divisions. To the extent possible, the
plan must ensure that the university
receives a reasonable value for the
public investment in the center.
Sec. 7. MAYO MEDICAL FOUNDATION
Subdivision 1. Total
Appropriation 808,000 840,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. Medical School
504,000 493,000
The state of Minnesota shall pay a
capitation of $9,882 in the first year
and $10,270 in the second year for each
student who is a resident of
Minnesota. 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.
Subd. 3. Family Practice and
Graduate Residency Program
304,000 347,000
The state of Minnesota provides a
capitation of $15,222 the first year
and $15,780 the second year for each
student.
Sec. 8. HIGHER EDUCATION BOARD 900,000 900,000
Subdivision 1. Appropriations;
Availability
The appropriation in fiscal year 1993
for the operation of the higher
education board shall not cancel, but
shall be available for fiscal year 1994.
Any unexpended balance remaining in the
first year shall not cancel, but is
available for the second year.
Subd. 2. Student Members
By July 1, 1993, the governor shall
appoint one student from the state
university system, one student from the
community college system, and one
student from the technical college
system to the higher education board.
The terms of the appointments shall
expire June 30, 1995.
Subd. 3. Personnel
The legislature intends that the higher
education board, during the biennium,
rely on the expertise of personnel in
the existing post-secondary systems,
and elsewhere in state government to
the extent possible.
Subd. 4. Task Forces;
Working Groups
During the biennium, the board must
include a representative of faculty and
a representative of students on all
task forces or working groups it
establishes.
Sec. 9. POST-SECONDARY SYSTEMS
Subdivision 1. Library and
equipment expenditures
In each year of the biennium, each
post-secondary system shall spend no
less on libraries and instructional
equipment than in the previous biennium.
Subd. 2. Importance of Teaching
The legislature recognizes the
importance of each faculty member's
contributions in the classroom, and is
aware of the profound effect a quality
teacher has on a student's learning.
The legislature encourages each board
to place greater emphasis on the
teaching mission at each campus.
Subd. 3. Educational Enhancements
The legislature provided full funding
for each post-secondary system, using
the formula contained in Minnesota
Statutes, section 135A.03. The
appropriation to each post-secondary
governing board includes funding to
enhance the quality of education in
that system without placing an undue
burden on students through large
tuition increases. The legislature
anticipates that any revenue raised
from tuition increases greater than
three percent of the previous year's
tuition level must be used for
educational enhancements.
Educational enhancements include:
(1) system initiatives to improve
quality, namely, access to excellence,
Q-7, student success, and campaign
2001. The legislature supports their
continuation and refinement;
(2) legislative initiatives to improve
quality including, but not limited to,
enhancements in libraries,
instructional equipment, and
technology; faculty training in
telecommunication instruction;
development and use of courses to be
delivered via telecommunication;
availability and size of classes;
student services; facilities;
curriculum or teaching innovations;
mechanisms to improve retention and
timely graduation; and career
information or counseling to students
including information on opportunities
and prospects for employment; and
(3) pilot projects to test the use of
different types of performance
indicators to measure educational
quality. Up to two campuses in each
system may be designated as pilots by
the task force on post-secondary
funding according to the
recommendations of each chancellor.
Pilots shall begin in the 1993-1994
academic year and continue into the
following year. Campuses must
internally reallocate money to at least
match new state money for this purpose.
By January 15, 1995, each system must
provide a succinct report in the 1995
biennial budget document on the results
achieved through its investment in
educational enhancements.
Subd. 4. Post-Secondary Enrollment Options
The higher education advisory council
shall examine costs and funding of
students enrolled in post-secondary
enrollment options courses offered by
agreement between a college and a
school district. The higher education
advisory council shall submit
recommendations to the higher education
financial divisions on fair and
fiscally prudent funding for these
students by February 1, 1994.
Subd. 5. Title IX
Each campus with a men's varsity level
hockey team and women's club level
hockey shall analyze the campus
responsibility for Title IX equity as
it applies to this situation and shall
report to the education committees by
January 15, 1994.
Subd. 6. POST Board
Beginning in fiscal year 1996, money
for law enforcement education that is
currently provided through the POST
board shall be provided through general
fund appropriations to be calculated at
the same initial base as the previous
POST funding, except that the base
adjustment for the community colleges
shall be $290,000. The legislature
intends that penalty surcharge dollars
under Minnesota Statutes, section
626.861, subdivision 1, shall continue
to be appropriated to the POST account
for other lawful purposes.
Subd. 7. Funding Mechanisms
For purposes of determining system
budgets and appropriations for
1996-1997, the legislature intends to
adopt new funding mechanisms in 1994.
Subd. 8. Post-secondary
Appropriations for Fiscal Years
1996 and 1997
Notwithstanding any other section of
Minnesota Statutes to the contrary,
general fund appropriations for the
University of Minnesota, the higher
education board, the higher education
coordinating board, and Mayo medical
shall be $2,040,000,000 for the
biennium beginning July 1, 1995.
Unless otherwise recommended by the
future funding task force, this amount
shall be allocated in equal amounts
each year among these entities in
proportion to their fiscal year 1995
appropriations or the fiscal year 1995
appropriations of the systems that
comprise them.
The commissioner of finance shall
calculate the base budget for these
entities according to Minnesota
Statutes, chapter 135A. If any
adjustments to the base calculations
are necessary in order to arrive at an
appropriation of $2,040,000,000, the
commissioner shall provide clear
information in the 1996-1997 biennial
budget document showing those
adjustments.
Sec. 10. [EFFECTIVE DATE.]
Section 2, subdivision 3, is effective the day following
final enactment.
ARTICLE 2
HECB AND FINANCIAL AID
Section 1. Minnesota Statutes 1992, section 136A.02,
subdivision 5, is amended to read:
Subd. 5. [ADVISORY GROUPS.] The board may appoint advisory
task forces to assist it in the study of higher education within
the state or in the administration of federal programs. The
task forces expire and the terms, compensation, and removal of
members are as provided in section 15.059, except that the task
force established under section 135A.05 and the advisory
councils established under subdivisions 6 and 7 expire June 30,
1993.
Sec. 2. Minnesota Statutes 1992, section 136A.02,
subdivision 6, is amended to read:
Subd. 6. [HIGHER EDUCATION ADVISORY COUNCIL.] A higher
education advisory council is established. The council is
composed of the president of the University of Minnesota, the
chancellor of the state universities, the chancellor of the
community colleges, the chancellor of vocational the technical
education colleges, the commissioner of education, the president
of the private college council, and a representative from the
Minnesota association of private post-secondary schools. The
advisory council shall (1) bring to the attention of the board
any matters that the council deems necessary, (2) make
appropriate recommendations, (3) review and comment upon
proposals and other matters before the board, and (4) provide
other assistance to the board. The board shall periodically
inform the council of matters under consideration by the board.
The board shall refer all proposals to the council before
submitting recommendations to the governor and the legislature.
The board shall provide time for a report from the advisory
council at each meeting of the board.
The council shall report to the board at least quarterly.
The council shall determine its meeting times, but it shall also
meet within 30 days after a request by the executive director of
the board. The council expires June 30, 1993 1995.
Sec. 3. Minnesota Statutes 1992, section 136A.02,
subdivision 7, is amended to read:
Subd. 7. [STUDENT ADVISORY COUNCIL.] A student advisory
council to the board is established. The members of the council
shall include the chair of the University of Minnesota
university student senate, the state chair of the Minnesota
state university student association, the president of the
Minnesota community college student association, the president
of the Minnesota vocational technical college student
association, the president of the Minnesota association of
private college students, and a student who is enrolled in a
private vocational school registered under this chapter, to be
appointed by the Minnesota association of private post-secondary
schools. A member may be represented by a designee.
The advisory council shall:
(1) bring to the attention of the board any matter that the
council believes needs the attention of the board;
(2) make recommendations to the board as the council deems
appropriate;
(3) review and comment upon proposals and other matters
before the board;
(4) appoint student members to board advisory groups as
provided in subdivision 5a;
(5) provide any reasonable assistance to the board; and
(6) select one of its members to serve as chair. The board
shall inform the council of all matters under consideration by
the board and shall refer all proposals to the council before
the board acts or sends the proposals to the governor or the
legislature. The board shall provide time for a report from the
advisory council at each meeting of the board.
The student advisory council shall report to the board
quarterly and at other times that the council considers
desirable. The council shall determine its meeting time, but
the council shall also meet with the executive director of the
board within 30 days after the director's request for a council
meeting. The student advisory council shall meet quarterly with
the higher education advisory council and the board executive
committee. The council expires June 30, 1993 1995.
Sec. 4. Minnesota Statutes 1992, section 136A.0411, is
amended to read:
136A.0411 [COLLECTING FEES.]
The board may charge fees for seminars, conferences,
workshops, services, and materials. The board may collect fees
for registration and licensure of private institutions under
sections 136A.61 to 136A.71 and chapter 141. The money is
annually appropriated to the board.
Sec. 5. Minnesota Statutes 1992, section 136A.08,
subdivision 2, is amended to read:
Subd. 2. [AUTHORIZATION.] The Minnesota higher education
coordinating board, in consultation with the commissioner of
finance and each affected public post-secondary board, may enter
into agreements, on subjects that include remission of
nonresident tuition for designated categories of students at
public post-secondary institutions, with appropriate state or
provincial agencies and public post-secondary institutions in
other states or provinces. The agreements shall be for the
purpose of the mutual improvement of educational advantages for
residents of this state and other states or provinces with whom
agreements are made.
Sec. 6. Minnesota Statutes 1992, section 136A.08,
subdivision 6, is amended to read:
Subd. 6. [APPROVAL.] An agreement made by the board under
this section is not valid as to a particular institution without
the approval of that institution's state or provincial governing
board. A valid agreement under this subdivision that incurs
additional financial liability to the state or to any of the
Minnesota public post-secondary boards, beyond enrollment
funding adjustments, must be submitted to the commissioner of
finance and to the chairs of the higher education finance
divisions of the senate finance and house appropriations
committees for review. The agreement remains valid unless it is
disapproved in law.
Sec. 7. Minnesota Statutes 1992, section 136A.101,
subdivision 1, is amended to read:
Subdivision 1. For purposes of sections 136A.095 to
136A.134 136A.132, the terms defined in this section have the
meanings ascribed to them.
Sec. 8. Minnesota Statutes 1992, 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 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. Credit equivalencies
assigned by an institution that are applicable to federal Pell
grant calculations shall be counted as part of a student's
credit load.
Sec. 9. Minnesota Statutes 1992, section 136A.121,
subdivision 6, is amended to read:
Subd. 6. [COST OF ATTENDANCE.] (a) 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.
(b) For the purpose of paragraph (a), clause (2),
"comparable public institutions" to both two- and four-year,
private, residential, liberal arts, degree-granting colleges and
universities must be the same.
(c) For a student attending less than full time, the board
shall prorate the cost of attendance to the actual number of
credits for which the student is enrolled.
Sec. 10. Minnesota Statutes 1992, section 136A.121,
subdivision 9, is amended to read:
Subd. 9. [INITIAL AWARDS.] An undergraduate student who
has not previously received a grant and who meets the board's
requirements is eligible to apply for and receive an initial a
grant in any year of undergraduate study unless the student has
obtained a baccalaureate degree or previously has been enrolled
full time or the equivalent for eight semesters or 12 quarters.
Sec. 11. [136A.122] [AKITA GRANTS.]
The higher education coordinating board may provide grants
to 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 must 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.
Sec. 12. Minnesota Statutes 1992, 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
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
of each year. By June 30 of each 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 of each year. Interested schools, colleges, or programs of
nursing education must complete and return the annual
participation request form provided by the board.
Sec. 13. Minnesota Statutes 1992, section 136A.1354,
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 or colleges of
nursing, or programs of advanced nursing education, applying to
participate in the nursing grant program based on the last
academic year's enrollment of registered nurses in schools or
colleges of nursing, or programs of advanced nursing education.
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 or colleges of nursing, or
programs of advanced nursing education. Initial applications
are due by January 1 of each year. By June 30 of each year, the
board shall notify each applicant school or college of nursing,
or program of advanced nursing education, of its approximate
allocation of money to allow the school, college, or program to
determine the number of students that can be supported by the
allocation. The board shall distribute money to the schools or
colleges of nursing, or programs of advanced nursing education,
by August 1 of each year. Interested schools, colleges, or
programs of advanced nursing education must complete and return
the annual participation request form provided by the board.
Sec. 14. [136A.1359] [GRANTS FOR NURSING STUDENTS WHO ARE
PERSONS OF COLOR.]
Subdivision 1. [ESTABLISHMENT.] A nursing grant program is
established under the authority of the higher education
coordinating board to provide grants to students who are persons
of color who are entering or enrolled in an educational program
that leads to licensure as a registered nurse.
Subd. 2. [ELIGIBILITY.] To be eligible to receive a grant,
a student shall be:
(1) a citizen of the United States;
(2) a resident of the state of Minnesota;
(3) an Asian Pacific-American, African-American, American
Indian, or Hispanic-American (Latino, Chicano, or Puerto Rican);
(4) entering or enrolled in a nursing program in Minnesota
that leads to licensure as a registered nurse; and
(5) eligible under any additional criteria established by
the school, college, or program of nursing in which the student
is enrolled. Students applying for a grant must be willing to
practice in Minnesota for at least three years following
licensure.
The grant must be awarded for one academic year but is
renewable for a maximum of six semesters or nine quarters of
full-time study, or their equivalent.
Subd. 3. [RESPONSIBILITY OF NURSING PROGRAMS.] Each
school, college, or program of nursing that wishes to
participate in the student nursing grant program shall apply to
the higher education coordinating board for grant money,
according to policies established by the board. A school,
college, or program of nursing shall establish criteria to use
in awarding the grants. The criteria must include consideration
of the likelihood of a student's success in completing the
nursing educational program and must give priority to students
with the greatest financial need. Grants must be $2,500 per
year. Each school, college, or program of nursing shall agree
that the money awarded through this grant program must not be
used to replace any other grant or scholarship money for which
the student would be otherwise eligible.
Subd. 4. [RESPONSIBILITIES OF THE HIGHER EDUCATION
COORDINATING BOARD.] The higher education coordinating board
shall distribute money each year to Minnesota schools, colleges,
or programs of nursing that lead to licensure as a 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.
Sec. 15. Minnesota Statutes 1992, section 136A.1701,
subdivision 4, is amended to read:
Subd. 4. [TERMS AND CONDITIONS OF LOANS.] The board may
loan money upon such terms and conditions as the board may
prescribe. The principal amount of a loan to an undergraduate
student for a single academic year may shall not exceed
$4,000 $6,000. The aggregate principal amount of all loans made
under this section to an undergraduate student may shall not
exceed $16,000 $25,000. The principal amount of a loan to a
graduate student for a single academic year shall not
exceed $6,000 $9,000. The aggregate principal amount of all
loans made under this section to a student as a graduate student
shall not exceed $25,000 $40,000.
Sec. 16. Minnesota Statutes 1992, section 136A.1701, is
amended by adding a subdivision to read:
Subd. 9a. The board shall develop an appeals process for
recipients of loans made under this section who believe there is
an unresolved error in the servicing of the loan. The board
shall provide recipients with a description of the appeals
process.
Sec. 17. Minnesota Statutes 1992, section 136A.233, is
amended to read:
136A.233 [WORK-STUDY GRANTS.]
Subdivision 1. [ALLOCATION TO INSTITUTIONS.] The higher
education coordinating board may offer shall allocate work-study
grants money to eligible post-secondary institutions according
to the resident full-time equivalent enrollment of all eligible
post-secondary institutions that apply to participate in the
program. The board shall seek to equalize work-study job
opportunities by also taking into account student employment
needs at eligible institutions. Each institution wishing to
receive a participate in the work-study grant shall program must
submit to the board, in accordance with policies and procedures
established by the board, an estimate of the amount of funds
needed by the institution. The amount allocated to any
institution shall not exceed the estimate of need submitted by
the institution. Any funds which would be allocated to an
institution according to full-time equivalent enrollment but
which that exceed the estimate of need by the institution or the
actual need of the institution may be reallocated by the board
to other institutions for which the estimate of need exceeds the
amount of allocation according to enrollment. The institution
must not receive less than it would have received under the
allocation formula used before fiscal year 1988. No more than
one-half of any increase in appropriations, attributable to this
section, above the level before fiscal year 1988 may be
allocated on the basis of identified student employment needs at
eligible institutions.
Subd. 2. [DEFINITIONS.] For purposes of sections 136A.231
to 136A.234 136A.233, the words defined in this subdivision have
the meanings ascribed to them.
(a) "Eligible student" means a Minnesota resident enrolled
or intending to enroll full time at least half time as defined
in section 136A.101, subdivision 7b, in a degree, diploma, or
certificate program in a Minnesota post-secondary institution.
(b) "Minnesota resident" means a student who meets the
conditions in section 136A.101, subdivision 8.
(c) "Financial need" means the need for financial
assistance in order to attend a post-secondary institution as
determined by a post-secondary institution according to
guidelines established by the higher education coordinating
board.
(d) "Eligible employer" means any eligible post-secondary
institution and any nonprofit, nonsectarian agency or state
institution located in the state of Minnesota, including state
hospitals, and also includes a handicapped person or a person
over 65 who employs a student to provide personal services in or
about the residence of the handicapped person or the person over
65.
(e) "Eligible post-secondary institution" means any
post-secondary institution eligible for participation in the
Minnesota state grant program as specified in section 136A.101,
subdivision 4.
(f) "Independent student" has the meaning given it in the
Higher Education Act of 1965, United States Code, title 20,
section 1070a-6, and applicable regulations.
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 In selecting students for participation,
priority must be given to students enrolled for at least 12
credits.
(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) An eligible employer shall pay at least 30 percent of
the student's compensation. The board shall annually establish
a minimum percentage rate of student compensation to be paid by
an eligible employer.
(f) Each post-secondary institution receiving money for
state work-study grants shall make a reasonable effort to place
work-study students in employment with eligible employers
outside the institution. However, a public employer other than
the institution may not terminate, lay-off, or reduce the
working hours of a permanent employee for the purpose of hiring
a work-study student, or replace a permanent employee who is on
layoff from the same or substantially the same job by hiring a
work-study student.
(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. 18. Minnesota Statutes 1992, section 136A.653,
subdivision 1, is amended to read:
Subdivision 1. A school which does not grant a degree and
which that is subject to licensing by the state board of
education pursuant to under chapter 141, is exempt from the
provisions of sections 136A.61 to 136A.71. The determination of
the commissioner of education board as to whether a particular
school is subject to regulation under chapter 141 is final for
the purposes of this exemption.
Sec. 19. Minnesota Statutes 1992, section 136A.69, is
amended to read:
136A.69 [FEES.]
The board may collect reasonable registration fees not to
exceed $400 $450 for an initial registration of each school and
$250 $350 for each annual renewal of an existing registration.
Sec. 20. Minnesota Statutes 1992, section 136A.87, is
amended to read:
136A.87 [ASPECTS OF THE PROGRAM PLANNING INFORMATION.]
Subdivision 1. [ASSESSMENT INSTRUMENTS AND
QUESTIONNAIRES.] The program shall provide for administration of
education and career assessment instruments and questionnaires
to residents in grades 8 through 12, and to adults. The board
shall determine the instruments and questionnaires that are
appropriate to serve the purposes of sections 136A.85 to 136A.88.
Subd. 2. [HIGH SCHOOL ASSESSMENTS.] The program shall
provide for administration of educational measurement
instruments and questionnaires to high school students before
their senior year. At least the following may be included:
(1) an aptitude assessment for students anticipating entry
to collegiate programs;
(2) an inventory of interests, career directions,
background information, and education plans; and
(3) a preliminary mathematics placement test to aid in
future course selections, and, as determined appropriate by the
board, preliminary placement tests in other subjects.
Subd. 3. [PROVIDING INFORMATION.] The board shall make
available to all residents from 8th grade through adulthood
information about planning and preparing for post-secondary
opportunities. Information must be provided to all 8th grade
students and their parents by January 1 of each year about the
need to plan for their post-secondary education. The board may
also provide information to high school students and their
parents, to adults, and to out-of-school youth. The information
provided may include the following:
(1) the need to start planning early;
(2) the availability of assistance in educational planning
from educational institutions and other organizations;
(3) suggestions for studying effectively during high
school;
(4) high school courses necessary to be adequately prepared
for post-secondary education;
(5) encouragement to involve parents actively in planning
for all phases of education;
(6) information about post-high school education and
training opportunities existing in the state, their respective
missions and expectations for students, their preparation
requirements, admission requirements, and student placement;
(7) ways to evaluate and select post-secondary
institutions;
(8) the process of transferring credits among Minnesota
post-secondary institutions and systems;
(9) the costs of post-secondary education and the
availability of financial assistance in meeting these costs;
(10) the interrelationship of assistance from student
financial aid, public assistance, and job training programs; and
(11) financial planning for education beyond high school.
Subd. 4. [DATA BASE.] A data base of information from the
program's assessments and services shall be maintained to:
(1) provide individual reports of results to the students,
high schools in which students are enrolled, and, if authorized
by the students, post-secondary educational institutions; and
(2) provide annual statewide summary reports of results to
high schools, post-secondary institutions, the department of
education, the chairs of the education, higher education,
appropriations and finance committees of the legislature, and
the governor.
Subd. 5. [COORDINATION.] The board shall coordinate
efforts and develop additional methods of providing information,
guidance, and testing services to out-of-school youth and adults.
Sec. 21. Minnesota Statutes 1992, section 141.25,
subdivision 8, is amended to read:
Subd. 8. [FEES AND TERMS OF LICENSE.] (a) Applications for
initial license under sections 141.21 to 141.36 shall be
accompanied by $560 $650 as a nonrefundable application fee.
(b) All licenses shall expire on December 31 of each year
one year from the date issued by the board. Each renewal
application shall be accompanied by a nonrefundable renewal fee
of $430 $650.
(c) Application for renewal of license shall be made on or
before October 1 of each calendar year at least 30 days before
the expiration of the school's current license. Each renewal
form shall be supplied by the board. It shall not be necessary
for an applicant to supply all information required in the
initial application at the time of renewal unless requested by
the board.
Sec. 22. Minnesota Statutes 1992, section 141.26,
subdivision 1, is amended to read:
Subdivision 1. [REQUIRED.] A solicitor representing a
school must obtain a solicitor's permit from the board before
soliciting students to enroll in such school. Such permit shall
expire on December 31 one year following the date of issuance.
Application for renewal of permit shall be made on or before
November 15 of each calendar year annually.
Sec. 23. Minnesota Statutes 1992, section 141.26,
subdivision 5, is amended to read:
Subd. 5. [FEE.] The initial and renewal application for
each permit shall be accompanied by a nonrefundable fee of
$210 $250.
Sec. 24. [FINANCIAL AID TASK FORCE.]
Subdivision 1. [PURPOSE.] A task force is established to
study and make recommendations on Minnesota's system of
financial aid, focusing particularly on the state grant
program. The purpose of the task force is to evaluate state
financial aid policy, examine alternative policies, and
recommend changes to the legislature. The task force shall
consider current resource constraints among other factors.
Subd. 2. [MEMBERSHIP.] The speaker of the house and the
subcommittee on committees of the committee on rules and
administration of the senate shall each appoint four members,
including representatives of public and private post-secondary
systems and campuses. The governor shall appoint two public
members and two students, at least one of whom must be a public
college student.
Subd. 3. [SUPPORT.] The higher education coordinating
board shall provide technical and clerical support to the task
force as determined by the task force. The task force, through
the board, may contract for consulting services, but is not
subject to the provisions of Minnesota Statutes, chapter 16B.
Subd. 4. [CONTENT OF STUDY.] The task force shall consider
whether Minnesota's financial aid program, as it operates in
conjunction with the federal Pell grant program, is meeting the
state goal of removing economic barriers to education for
economically disadvantaged citizens of the state. The task
force shall further consider whether the state program needs to
be made more progressive and, if so, whether this should be
accomplished through adjustments to the shared responsibility
policy or adoption of a new policy. The study additionally
shall consider the advantages and disadvantages of linking the
state grant program to federal policies and programs. The task
force also shall consider effective ways to integrate grants,
loans, work-study, and other aid to create aid packages for
students and to deliver different types of aid to students with
different needs. Finally, the task force shall consider
efficient ways to deliver aid to students, including more rapid
decentralization to the campus level.
Subd. 5. [REPORT.] The task force shall report its
findings and recommendations to the education committees of the
legislature by February 1, 1994. The task force shall expire on
June 30, 1994.
Sec. 25. [GRANTS TO NURSING PROGRAMS FOR PERSONS OF
COLOR.]
Subdivision 1. [ESTABLISHMENT.] A pilot grant program is
established under the authority of the higher education
coordinating board to provide grants to Minnesota schools,
colleges, and other institutions that offer programs of nursing,
to fund initiatives designed to ensure the recruitment and
retention of nursing students who are Asian-Pacific,
African-American, American Indian, or Hispanic American (Latino,
Chicano, or Puerto Rican).
Subd. 2. [ELIGIBILITY.] To be eligible to receive a grant,
an applicant must:
(1) be a Minnesota school, college, or program of nursing
that offers educational programs leading to licensure as a
registered nurse;
(2) have in place a program of activities that provides
faculty with knowledge of the history, practices, and health
needs of persons of color; and
(3) have in place a program advisory panel, a majority of
whom are persons of color.
Subd. 3. [RESPONSIBILITY OF NURSING PROGRAMS.] Each
school, college, or program of nursing that wishes to
participate in the grant program shall apply to the higher
education coordinating board for grant money, according to
policies established by the board. Each applicant shall outline
the specific programs it intends to implement and demonstrate
the likelihood that those programs will result in increased
recruitment and retention of students who are persons of color.
Subd. 4. [RESPONSIBILITIES OF THE HIGHER EDUCATION
COORDINATING BOARD.] The board shall establish an application
process for interested schools, colleges, or programs of nursing.
The board shall establish written criteria to use in
awarding the grants. The criteria must include consideration of
whether:
(1) the proposed program is likely to actually increase the
recruitment and retention of nursing students who are persons of
color;
(2) the proposed program creates a support network for
persons of color;
(3) the nursing program employs persons of color on its
staff and faculty;
(4) the proposed program has initiatives to reach persons
of color while still in high school; and
(5) the proposed program establishes a mentoring program
for nursing students who are persons of color.
The board shall establish written guidelines to ensure that
grants are used only for board-approved initiatives. The board
shall provide the written guidelines to grant recipients at the
time it distributes the money. The board shall require each
grant recipient to report to the board on its program activity
and use of grants.
Sec. 26. [REPEALER.]
Minnesota Statutes 1992, sections 136A.121, subdivision 10;
136A.134; 136A.234; 136A.70; and Laws 1991, chapter 356, article
8, section 23, are repealed.
Sec. 27. [EFFECTIVE DATE.]
Section 15 is effective immediately for applicants for
loans for enrollment periods beginning after July 1, 1993.
ARTICLE 3
POST-SECONDARY SYSTEMS
Section 1. Minnesota Statutes 1992, section 3.9741, is
amended to read:
3.9741 [COST OF EXAMINATION, BILLING, PAYMENT.]
Subdivision 1. [METROPOLITAN COMMISSION.] Upon the audit
of the financial accounts and affairs of a commission under
section 473.413, 473.595, 473.604, or 473.703, the affected
metropolitan commission is liable to the state for the total
cost and expenses of the audit, including the salaries paid to
the examiners while actually engaged in making the examination.
The legislative auditor may bill the metropolitan commission
either monthly or at the completion of the audit. All
collections received for the audits must be deposited in the
general fund.
Subd. 2. [POST-SECONDARY EDUCATION BOARD.] The legislative
auditor may enter into an interagency agreement with the
community college board, state university board, or the state
board of technical colleges to conduct financial audits, in
addition to audits conducted under section 3.972, subdivision 2.
Sec. 2. Minnesota Statutes 1992, section 16A.127,
subdivision 8, is amended to read:
Subd. 8. [EXEMPTION.] (a) Except for the costs of the
legislative auditor to conduct financial audits of federal
funds, this section does not apply to the community college
system board, state universities university board, or the state
board of technical colleges. Indirect cost receipts
attributable to financial audits conducted by the legislative
auditor of federal funds administered by these post-secondary
education boards shall be deposited in the general fund.
(b) Except for federal funds, this section does not apply
to the department of natural resources for agency indirect costs.
Sec. 3. Minnesota Statutes 1992, section 126.56,
subdivision 5, is amended to read:
Subd. 5. [ADVISORY COMMITTEE.] An advisory committee shall
assist the state board of education in approving eligible
programs and shall assist the higher education coordinating
board in planning, implementing, and evaluating the scholarship
program. The committee shall consist of 11 members, to include
the executive director of the higher education coordinating
board or a representative, the commissioner of education or a
representative, two secondary school administrators and two
secondary teachers appointed by the commissioner of education,
the executive director of the academic excellence foundation, a
private college representative appointed by the president of the
Minnesota private college council, a community college
representative appointed by the community college chancellor, a
state university representative appointed by the state
university chancellor, and a University of Minnesota
representative appointed by the president of the University of
Minnesota. The committee expires June 30, 1993 1995.
Sec. 4. Minnesota Statutes 1992, section 135A.03,
subdivision 7, is amended 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 or dependent
students whose parent or legal guardian resides in Minnesota at
the time the student applies;
(2) Minnesota residents who can demonstrate that they were
temporarily absent from the state without establishing residency
elsewhere;
(3) residents of other states who are attending a Minnesota
institution under a tuition reciprocity agreement; and
(4) students who have been in Minnesota as migrant
farmworkers, as defined in Code of Federal Regulations, title
20, section 633.104, over a period of at least two years
immediately before admission or readmission to a Minnesota
public post-secondary institution, or students who are
dependents of such migrant farmworkers.
Sec. 5. Minnesota Statutes 1992, section 135A.06,
subdivision 1, is amended to read:
Subdivision 1. [PLANNING REPORTS.] It is the intention of
the legislature that the planning efforts of the public
post-secondary education systems be summarized and reported to
the legislature. It is the further intention that the system
missions be differentiated from one another to best serve the
needs of the citizens of Minnesota. To accomplish these goals,
the University of Minnesota board of regents, the state
university board, the state board for community colleges, and
the state board of technical colleges shall each submit to the
governor and the legislature on December 1 of each even-numbered
year a planning report for its system. The report shall contain
the mission of the system and short- and long-range plans for
programs, staff, and facilities. It shall specify the mission
and plans for two, five, and ten years. The assumptions used in
developing the plans shall be included. The report shall also
include plans for and progress toward achieving mission
differentiation while maintaining the state's overall
post-secondary objectives.
Sec. 6. Minnesota Statutes 1992, section 135A.061, is
amended to read:
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
chair shall be rotated among the systems each year,
corresponding to the rotation of the chair of the higher
education advisory council. 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. 7. Minnesota Statutes 1992, section 136C.15, is
amended to read:
136C.15 [STUDENT ASSOCIATIONS.]
Every school board governing a technical college shall give
recognition as an authorized extracurricular activity to a
technical college student association affiliated with the
Minnesota vocational technical college student association. The
student association is authorized to collect a reasonable fee
from students to finance the activities of the association in an
amount determined by the governing board of the technical
college which has recognized it.
Every governing body which recognizes a student association
shall deposit the fees in a student association fund. The money
in this fund shall be available for expenditure for
recreational, social, welfare, charitable, and educational
activities approved by the student association. The money in
the fund is not public money.
Sec. 8. Minnesota Statutes 1992, section 136C.61,
subdivision 7, is amended to read:
Subd. 7. [MEETINGS.] Notwithstanding any law to the
contrary, the joint board may hold meetings at any location
convenient to the member districts and the public, whether or
not that meeting site is located within the boundaries of a
member district. The joint board may also conduct meetings via
interactive television by means of telecommunications if the
board complies with section 471.705 in each location where board
members are present. The joint board shall establish and
maintain a schedule of the time and place of its meetings and
shall give notice of regular and special meetings in the same
manner as required for other public bodies.
Sec. 9. [137.41] [INDIRECT COST RECOVERIES.]
Indirect cost recovery money received 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.
Sec. 10. Laws 1990, chapter 591, article 3, section 10, as
amended by Laws 1991, chapter 356, article 3, section 13, 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 for facilities, 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 1992-1993 1994-1995 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 1992-1993 1994-1995 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. 11. Laws 1991, chapter 356, article 6, section 4, as
amended by Laws 1992, chapter 513, article 1, section 25, is
amended to read:
Subd. 3a. [CURRENT EMPLOYEES.] It is the policy of the
state of Minnesota that restructuring of peace officer education
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 affected governing boards
shall make every effort to train and retrain existing
employees full-time law enforcement training center
administrators for a changing work environment.
Options presented to employees full-time law enforcement
training center administrators whose positions might be
eliminated by integrating peace officer education programs 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. This
subdivision shall expire on December 31, 1993.
Sec. 12. [SHARED STUDENT SERVICES.]
To improve the efficient delivery of services to students
and to reduce unnecessary 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, shall jointly develop a plan to consolidate, to
the extent possible, administrative positions and the delivery
of noninstructional and administrative services including, but
not limited to, bookstores, food services, financial aid,
registration and records, parking services, libraries, and
counseling.
Each joint plan shall be submitted to the higher education
board, the state board for community colleges, and the state
board of technical colleges by December 31, 1993. The state
boards shall jointly submit an integrated plan to the education
committees of the legislature by February 15, 1994, that
includes proposals to redirect savings from shared services to
instruction at the co-located campuses.
Sec. 13. [EMPLOYEE PROVISIONS.]
During the biennium, the legislature intends that any
layoffs at post-secondary institutions be distributed equitably
between management/supervisory personnel and line/support
personnel. Where restructuring and retrenchment may involve a
decrease in existing positions, institutions shall assist
employees in finding suitable employment through such options as
training and retraining opportunities. Nothing in this section
shall be construed as diminishing any rights defined in
collective bargaining agreements under Minnesota Statutes,
chapter 179A.
Sec. 14. [PERFORMANCE MEASURES.]
Subdivision 1. [TECHNICAL COLLEGES.] For budget
considerations in 1995, the technical college board shall:
(1) report to the education committees on
administrator/instructor ratios for each technical college for
fiscal years 1992, 1993, 1994, and 1995;
(2) report the actual placement rate, which should be no
less than 60 percent for each program at each campus over a
two-year period; and
(3) report how savings from a campus initiated program
closure are reallocated.
Subd. 2. [COMMUNITY COLLEGES.] For budget considerations
in 1995, the community college board shall:
(1) report the process used to evaluate occupational
programs with a less than 60 percent placement rate;
(2) report the number and percent of students transferring
to four-year colleges and universities, the percent retained one
year later, and their academic success.
Subd. 3. [COMMUNITY COLLEGES AND TECHNICAL COLLEGES.] For
budget considerations in 1995, the community college and
technical college board shall report jointly on:
(1) their plans regarding duplicative programs at
co-located campuses; and
(2) the process used to reduce duplicative nonhealth
occupational programs, that are less than 35 miles apart, with
student-teacher ratios below 15-1 for the courses offered in
that program.
Subd. 4. [STATE UNIVERSITIES.] For budget considerations
in 1995, the state university board shall report on its success
in increasing:
(1) the number of students of color who graduate; and
(2) the percentage of graduates who have completed a senior
project or other capstone experience.
Sec. 15. [FEE STATEMENT.]
Beginning in the 1993-1994 academic year, fee statements at
all public post-secondary campuses shall indicate the state-paid
portion of the cost of an average student's education in that
system by including the following statement: "Tuition pays for
approximately ... % of the cost of a student at a public
college. The State of Minnesota pays approximately $....... of
the average cost for full-time students."
Sec. 16. [EFFECTIVE DATE.]
Section 4 is effective the day following final enactment.
ARTICLE 4
ENDOWMENT FOR SCHOLARSHIP, RESEARCH, AND CHAIRS
Section 1. Minnesota Statutes 1992, section 137.022,
subdivision 3, is amended to read:
Subd. 3. [ENDOWED CHAIRS CHAIR ACCOUNT.] (a) For purposes
of this section, the permanent university fund has three
accounts. The sources of the money in the endowed mineral
research and scholarship accounts are set out in paragraph (b)
and subdivision 4. All money in the fund that is not otherwise
allocated is in the endowed chair account. The income from the
permanent university fund endowed chair account must be used,
and capital gains of the fund allocated to that account may be
used, to provide endowment support for professorial chairs in
academic disciplines. The endowment support for the chairs from
the income and the capital gains must not total more than six
percent per year of the 36-month trailing average market value
of the endowed chair account of the fund, as computed quarterly
or otherwise as directed by the regents. The endowment support
from the income and the capital gains must not provide more than
half the sum of the endowment support for all chairs endowed,
with nonstate sources providing the remainder. The endowment
support from the income and the capital gains may provide more
than half the endowment support of an individual chair.
(b) If any portion of the annual appropriation of the
income is not used for the purpose purposes specified in
paragraph (a) or subdivision 4, that portion lapses and must be
added to the principal of the three accounts of the permanent
university fund in proportion to the market value of each
account.
Sec. 2. Minnesota Statutes 1992, section 137.022, is
amended by adding a subdivision to read:
Subd. 4. [MINERAL RESEARCH; SCHOLARSHIPS.] (a) All income
credited after July 1, 1992, to the permanent university fund
from royalties for mining under state mineral leases from and
after July 1, 1991, must be allocated as provided in this
subdivision.
(b)(1) Fifty percent of the income, up to $25,000,000, must
be credited to the mineral research account of the fund to be
allocated for the Natural Resources Research Institute-Duluth
and Coleraine facilities, for mineral and mineral-related
research including mineral-related environmental research; and
(2) The remainder must be credited to the endowed
scholarship account of the fund for distribution annually for
scholastic achievement as provided by the board of regents to
undergraduates enrolled at the University of Minnesota who are
resident students as defined in section 136A.101, subdivision 8.
(c) The annual distribution from the endowed scholarship
account must be allocated to the various campuses of the
University of Minnesota in proportion to the number of
undergraduate resident students enrolled on each campus.
(d) The board of regents must report to the education
committees of the legislature biennially at the time of the
submission of its budget request on the dispersal of money from
the endowed scholarship account and to the environment and
natural resources committees on the use of the mineral research
account.
(e) Capital gains and losses and portfolio income of the
permanent university fund must be credited to its three accounts
in proportion to the market value of each account.
(f) The endowment support from the income and capital gains
of the endowed mineral research and endowed scholarship accounts
of the fund must not total more than six percent per year of the
36-month trailing average market value of the account from which
the support is derived.
Sec. 3. [EFFECTIVE DATE.]
Sections 1 and 2 are effective retroactively to July 1,
1992, for income and allocations into the three accounts of the
permanent university fund and July 1, 1993, for distributions
from the endowed mineral research account and endowed
scholarship accounts of the fund.
ARTICLE 5
TELECOMMUNICATIONS
Section 1. [PURPOSE.]
The purpose of sections 1 to 4 is to expand the
availability of a broad range of courses and degrees to students
throughout the state to improve access, quality, and efficiency
by enhancing and expanding the use of telecommunications and
other instructional technologies.
Sec. 2. [TELECOMMUNICATIONS COUNCIL.] An instructional
telecommunications council shall be established and composed
of: two representatives selected by each public higher
education system, a representative of the higher education
board, a regional telecommunications coordinator, one member of
the senate appointed by the subcommittee on committees of the
committee on rules and administration, one member of the house
of representatives appointed by the speaker, one private college
representative selected by the Minnesota private college
council, a representative of the information policy office of
the department of administration, the commissioner of education
or designee to represent K-12 education, and one higher
education coordinating board representative. The council shall:
(1) develop a statewide vision and plans for the use of
distance learning technologies and provide leadership in
implementing the use of such technologies;
(2) develop educational policy relating to
telecommunications;
(3) determine priorities for use;
(4) oversee coordination with campuses, K-12 education, and
regional educational telecommunications;
(5) require the use of the statewide telecommunications
access and routing system where operationally, technically, and
economically feasible in order to maximize the state's
telecommunication resources; and
(6) determine priorities for grant funding proposals.
The council shall consult with representatives of the
telecommunication industry in implementing this subdivision.
Sec. 3. [REGIONAL LINKAGES.]
Subdivision 1. [GRANTS.] The higher education coordinating
board shall award grants to regional organizations of higher
education institutions to establish or complete
telecommunications links among campuses in a region and among
campuses in different regions.
The regional organizations shall use the statewide
telecommunications access and routing system where
operationally, technically, and economically feasible in order
to maximize the state's telecommunication resources.
Subd. 2. [APPLICATION PROCESS.] The higher education
coordinating board shall develop and publicize the process by
which regional organizations may apply for grants. The
instructional telecommunications council shall review and
comment on the proposals.
Subd. 3. [CRITERIA.] The higher education coordinating
board shall evaluate proposals using the following criteria:
(1) evidence of cooperative arrangements with other
post-secondary institutions and school districts in the
geographic region;
(2) plans for shared classes and programs;
(3) evidence of efficiencies to be achieved in delivery of
instruction due to use of telecommunications;
(4) evidence of a formal governing structure; and
(5) a plan to assume the ongoing costs following the
initial development for the continued operation of the project.
Sec. 4. [REGIONAL COORDINATION.]
Subdivision 1. [GRANTS.] The higher education coordinating
board shall award grants to regional organizations of higher
education institutions to coordinate and manage regional
telecommunications arrangements.
Subd. 2. [APPLICATION PROCESS.] The higher education
coordinating board shall develop and publicize the process by
which regional organizations may apply for grants. The
instructional telecommunications council shall review and
comment on the proposals.
Subd. 3. [CRITERIA.] The higher education coordinating
board shall evaluate proposals using the following criteria:
(1) evidence of cooperative arrangements with other
post-secondary institutions and school districts in the
geographic region;
(2) plans for shared classes and programs;
(3) avoidance of program and course duplication;
(4) evidence of efficiencies to be achieved in delivery of
instruction due to use of telecommunications;
(5) a plan for development of a list of all courses
available in the region for delivery at a distance;
(6) a plan for coordinating and scheduling courses;
(7) a plan for evaluation of costs, access, and outcomes;
and
(8) a plan to assume the ongoing costs following the
initial development for the continued operation of the project.
Sec. 5. [EVALUATION.]
The higher education coordinating board shall evaluate the
results of the grants provided under sections 3 and 4 and make
recommendations to the legislature and governor regarding future
funding, the success rate of the various grants, and other
relevant information by January 15, 1995.
Sec. 6. [GRANT LIMITATIONS; PROPOSALS.]
All grants shall be used for direct costs only and shall
not include indirect costs. The higher education coordinating
board shall advise grant applicants that money used for regional
linkages in section 3 and regional coordination in section 4 are
for pilot projects. State money for the pilot projects shall be
90 percent of costs.
ARTICLE 6
FARMER-LENDER MEDIATION SERVICES
Section 1. Minnesota Statutes 1992, section 583.24,
subdivision 4, is amended to read:
Subd. 4. [DEBTS.] The farmer-lender mediation act does not
apply to a debt:
(1) for which a proof of claim form has been filed in
bankruptcy by a creditor or that was listed as a scheduled debt,
of a debtor who has filed a petition in bankruptcy after July 1,
1987, under United States Code, title 11, chapter 7, 11, 12, or
13;
(2) if the debt was in default when the creditor received a
mediation proceeding notice under the farmer-lender mediation
act and the creditor filed a claim form, the debt was mediated
during the mediation period under section 583.26, subdivision 8,
and (i) the mediation was unresolved; or (ii) a mediation
agreement with respect to that debt was signed;
(3) for which the creditor has served a mediation notice,
the debtor has failed to make a timely request for mediation,
and within 45 60 days after the debtor failed to make a timely
request the creditor began a proceeding to enforce the debt
against the agricultural property of the debtor;
(4) for which a creditor has received a mediation
proceeding notice and the creditor and debtor have restructured
the debt and have signed a separate mediation agreement with
respect to that debt; or
(5) for which there is a lien for rental value of farm
machinery under section 514.661 or a lien for rental value
relating to a contract for deed subject to the farmer-lender
mediation act under section 559.2091.
Sec. 2. Laws 1986, chapter 398, article 1, section 18, as
amended by Laws 1987, chapter 292, section 37, Laws 1989,
chapter 350, article 16, section 8, Laws 1990, chapter 525,
section 1, and Laws 1991, chapter 208, section 2, is amended to
read:
Sec. 18. [REPEALER.]
Sections 1 to 17 and Minnesota Statutes, section 336.9-501,
subsections (6) and (7), and sections 583.284, 583.285, 583.286,
and 583.305, are repealed on July 1, 1993 1995.
ARTICLE 7
STUDENT HOUSING
Section 1. [VERMILION COMMUNITY COLLEGE STUDENT HOUSING.]
The state board for community colleges may acquire a site
and construct, own, operate, furnish, and maintain one or more
dormitories or other student residence facilities at Ely for the
use and benefit of Vermilion Community College. Selection of a
designer for the project is not subject to Minnesota Statutes,
section 16B.33, subdivision 4. The higher education facilities
authority may issue revenue bonds or other financial instruments
for the facilities under Minnesota Statutes, sections 136A.25 to
136A.42, and the state board for community colleges may borrow
the proceeds of the revenue bonds or other financial instruments
to finance the acquisition, construction, and equipping of the
student housing facilities. The board may enter into agreements
and pledge revenues of the facilities as may be necessary to
provide security for the bonds and may mortgage the financed
facilities to the higher education facilities authority or to a
trustee for the bondholders if considered necessary by the board
or the authority for the successful marketing of the bonds. The
state board for community colleges shall establish, maintain,
revise when necessary, and collect rates and charges for the use
of the student housing facilities. The rates and charges must
be sufficient, as estimated by the board, to pay all expenses of
operation and maintenance of the facilities, to pay principal
of, and interest on, revenue bonds or other obligations or
instruments when due, and to pay customary fees and charges of
the higher education facilities authority and to establish and
maintain the reserve funds that the board considers necessary
for repair, replacement, and maintenance of the facilities.
Funds and accounts established in furtherance of these purposes
are not subject to Minnesota Statutes, section 136.67,
subdivision 2, and are not subject to the budgetary control of
the commissioner of finance. The board shall never be obligated
to use other revenues of the board or funds of the state to pay
the costs of construction, operation, maintenance, and repair of
the facilities or to pay principal of and interest on
obligations issued for these purposes. Notwithstanding any
other law or rule or the city charter, the city of Ely may,
without complying with the procedures set forth in Minnesota
Statutes, chapter 475, guarantee all or any part of the loan
repayment obligation of the board to the authority, by pledging
its full faith and credit and taxing power. The guarantee is
not subject to any limitation on net debt of the city, and taxes
required to make any payment under the guarantee may be levied
without limit as to rate or amount.
ARTICLE 8
SOUTHWEST ASIA VETERANS TRAINING
Section 1. Minnesota Statutes 1992, section 136C.13,
subdivision 4, is amended to read:
Subd. 4. [VIETNAM SOUTHWEST ASIA VETERAN'S EXEMPTION.] A
Vietnam Southwest Asia veteran who enrolls in a tuition free
technical college program before July 1, 1990, and who is a
Minnesota resident whose entire education has not included
completion of at least one tuition free technical college
program is exempt from tuition eligible for a state grant of
$500 per year if the veteran has GI Montgomery bill benefits, or
$1,000 per year if the veteran does not have GI Montgomery bill
benefits, until the veteran has completed the lesser of (a) 440
technical college school days, or the equivalent as determined
by the state board 115 credits in a technical college program,
or (b) one technical college program. The grant is based on
full-time attendance and shall be prorated if the student is
attending less than full time. To be eligible for the tuition
relief, a veteran who is discharged before July 1, 1993, must
enroll in a technical college by July 1, 1995, and a veteran who
is discharged on or after July 1, 1993, must enroll in a
technical college within two years of the date of discharge.
All veterans enrolled under this program must maintain a minimum
of six credits per quarter. Total grants may not exceed the
available appropriation.
"Vietnam Southwest Asia veteran" for the purpose of this
subdivision means a person who served in the active military
service in any branch of the armed forces of the United States
after July 1, 1961, and before July 1, 1978, any time between
August 1, 1990, and February 27, 1992, who became eligible for
the Vietnam Expeditionary Medal or the Vietnam Southwest Asia
Service Medal as a result of the service, was a Minnesota
resident at the time of induction into the armed forces and for
the six months one year immediately preceding induction, and has
been separated or discharged from active military service under
conditions other than dishonorable.
ARTICLE 9
HIGHER EDUCATION BOARD
Section 1. [JOINT LEGISLATIVE COMMITTEE ON MERGING
POST-SECONDARY EDUCATION SYSTEMS.]
Subdivision 1. [ESTABLISHMENT.] A joint legislative
committee on merging the post-secondary systems is created to
provide a forum for communication between the higher education
board and the legislature related to merging the state
university, community college and technical college systems.
Subd. 2. [MEMBERSHIP.] The committee consists of ten
members. Five members from the house shall be appointed by the
speaker of the house. Five members from the senate shall be
appointed by the subcommittee on committees of the committee on
rules and administration. The committee must have
representatives from the minority caucus of each house and from
both rural and metropolitan areas.
Subd. 3. [OFFICERS.] The committee shall elect a chair and
vice-chair from among its members. The chair must alternate
annually between a member of the house and a member of the
senate. When the chair is from one body, the vice-chair must be
from the other body.
Subd. 4. [STAFF.] The committee shall use existing
legislative staff to provide legal counsel, research, fiscal,
secretarial, and clerical assistance.
Subd. 5. [DUTIES.] The committee may review proposals,
plans, and information provided by the higher education board.
The committee shall give particular attention to: the
educational quality and missions of the higher education system,
the needs of students and system and campus employees, and
fiscal considerations. The committee shall report on its work
and its recommendations to the education committees of the 1994
and 1995 legislatures.
Subd. 6. [INFORMATION COLLECTIONS; INTERGOVERNMENTAL
COORDINATION.] (a) The committee may conduct public hearings and
otherwise collect data and information necessary to its purposes.
(b) To facilitate coordination between executive and
legislative authorities, the governor shall appoint a person to
act as liaison between the committee and the governor.
Subd. 7. [EXPIRATION.] This section expires on June 30,
1995.
Sec. 2. [HIGHER EDUCATION BOARD BUDGET.]
The higher education board shall submit to the governor and
legislature a unified budget request for the biennium ending
June 30, 1997. The request shall compare the budgets of each
merged system in 1994-1995 to the unified budget for 1996-1997.
Sec. 3. Minnesota Statutes 1992, section 136E.03, is
amended to read:
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 state universities,
community colleges, and technical colleges shall have distinct
missions. 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. 4. Minnesota Statutes 1992, section 136E.04,
subdivision 1, is amended to read:
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.
Sec. 5. Laws 1991, chapter 356, article 9, section 8, is
amended to read:
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. The
board shall report to the legislature on its staffing plans by
July 15, 1993.
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 September 1, 1993. Copies
of the plan shall be submitted to the chairs of the
education, appropriation ways and means, and finance committees
of the legislature.
Subd. 5. [RESTRUCTURING.] By January 1, 1994, 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. Plans for the integration of each of these
functions must be included in the proposal.
Subd. 6. [SCHOOL DISTRICTS.] By January 1, 1994, 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.
By January 1, 1994, 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.] By January 1, 1994, the board
shall submit to the legislature proposals for providing the
board with adequate legal services.
Subd. 8. [ACCOUNTING SYSTEM.] By January 1, 1995 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 ways and
means committee and, by January 1, 1994, 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. [INFORMATION.] All plans and proposals required
in this section must include timetables for implementation.
Subd. 11. [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. 6. Laws 1991, chapter 356, article 9, section 10, is
amended to read:
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 and shall report to the legislature on plans for
this training by September 1, 1994.
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. The board
shall report on its plans to eliminate positions by January 1,
1995.
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.
Presented to the governor May 27, 1993
Signed by the governor May 27, 1993, 4:23 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes