Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
CHAPTER 395-S.F.No. 2849
An act relating to education; appropriating money for
education and related purposes to the higher education
services office, the board of trustees of the
Minnesota state colleges and universities, and the
board of regents of the University of Minnesota;
making technical changes related to the post-secondary
merger; redirecting University of Minnesota revenue;
extending survivor education benefits; amending
Minnesota Statutes 1994, sections 116L.03, subdivision
1; 169.121, subdivision 10; 202A.19, subdivision 3;
and 204C.03, subdivision 2; Minnesota Statutes 1995
Supplement, sections 116L.03, subdivision 2; 256.969,
subdivision 9; and 297A.25, subdivision 11; Laws 1994,
chapter 643, section 69, subdivision 1; Laws 1995,
chapter 212, article 1, section 3, subdivision 2;
proposing coding for new law in Minnesota Statutes,
chapter 256; repealing Minnesota Statutes 1995
Supplement, section 16A.125, subdivision 6a; Minnesota
Rules, parts 4800.8100, 4800.8200, 4800.8300,
4800.8400, 4830.6500, 4830.6510, 4830.6520, 4830.6600,
4830.6610, 4830.6620, 4830.8510, 4830.8520, 4830.8530,
4830.8535, 4830.8540, 4830.8550, 4830.8570, and
4830.8575.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [HIGHER EDUCATION APPROPRIATIONS.]
The sums in the columns headed "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified to be available for
the fiscal years indicated for each purpose.
SUMMARY BY FUND
1996 1997 TOTAL
General $ -0- $ 16,000,000 $ 16,000,000
SUMMARY BY AGENCY - ALL FUNDS
1996 1997 TOTAL
Higher Education Services
Office -0- 1,700,000 1,700,000
Board of Trustees of the
Minnesota State Colleges
and Universities -0- 5,300,000 5,300,000
Board of Regents of the University
of Minnesota -0- 9,000,000 9,000,000
APPROPRIATIONS
Available for the Year
Ending June 30
1996 1997
Sec. 2. HIGHER EDUCATION
SERVICES OFFICE $ -0- $ 1,700,000
The amounts that may be spent from this
appropriation for each purpose are as
follows:
(a) State Grants
-0- 1,500,000
This appropriation contains money to
set the living and miscellaneous
expense at $4,255 in the second year.
By October 1, 1996, the higher
education services office shall
transfer any projected surplus in the
state grant appropriation to the state
work study program to be added to the
fiscal year 1997 appropriation in Laws
1995, chapter 212, article 1, section
2, subdivision 4.* (The preceding text
beginning "(a)" was vetoed by the
governor.)
(b) Statewide On-line Library
Information System Planning
-0- 150,000
The higher education services office
shall manage and coordinate a process
to develop a statewide, on-line
information system for libraries, and
determine the benefits and functional
requirements of automated, statewide
linkages. The process, reports, plans,
and requests for proposals shall be
subject to the review and
recommendation of the library planning
task force. The higher education
services office shall coordinate with
the University of Minnesota, the
Minnesota state colleges and
universities, the Minnesota education
telecommunications council, the
government information access council,
the MINITEX advisory committee, the
advisory council of the office of
library development and services in the
department of children, families, and
learning, and the information policy
office in the department of
administration.
The statewide, on-line information
system must meet the following criteria:
(1) be open to all University of
Minnesota, Minnesota state colleges and
universities, state government, public,
school, and private college libraries;
(2) have a formal governing structure
that includes the University of
Minnesota, Minnesota state colleges and
universities, and representatives of
participating state government, public,
school, private college, and other
libraries;
(3) provide for the broadest possible
sharing of information and cooperative
collection management;
(4) provide the people of Minnesota
with direct access to library catalogs
and information resources;
(5) allow libraries to retain local
options for determining when to begin
participating in the statewide systems
and for maintaining circulation
policies and practices; and
(6) have a plan for evaluation of
costs, access, and outcomes.
By January 15, 1997, the higher
education services office shall
recommend to the chairs of the higher
education committees of the legislature
a plan for creating a statewide,
on-line information system. The plan,
subject to the prior review and
recommendation by the library planning
task force, shall include a proposed
implementation timeline, technical
standards, a draft request for
proposal, a governance structure, and a
budget.
The higher education services office
shall develop the final request for
proposal, subject to the prior review
and recommendation by the library
planning task force, for a statewide,
on-line information system no later
than June 30, 1997.
Money appropriated under this paragraph
may not be used for the office's
indirect or operating costs.
(c) Loan Repayment Assistance
-0- 50,000
This appropriation is for the loan
repayment assistance program of
Minnesota to reimburse graduates of
Minnesota law schools working in
Minnesota communities who are eligible
under the criteria for loan repayment
assistance for institutional law school
debt. The eligibility criteria must
include the following: (1) recipient's
annual household income is $30,000 or
less; and (2) recipients are providing
legal services full time for
economically disadvantaged persons for
a nonprofit agency as defined by
sections 501(c)(3), 501(c)(4), or
501(c)(5) of the Internal Revenue Code
of 1986, or Native American tribal
governments. The money may be released
to the program only in amounts that
match contributions from the private
sector.* (The preceding text beginning
"(c)" was vetoed by the governor.)
Sec. 3. BOARD OF TRUSTEES OF THE
MINNESOTA STATE COLLEGES
AND UNIVERSITIES -0- 4,900,000
The amounts that may be spent from this
appropriation for each purpose are as
follows:
(a) Applied Research Center
-0- 50,000
This appropriation is for Bemidji State
University to establish an applied
research, design, and development
center. The center will contract with
Minnesota businesses and industries to
conduct applied research. This
appropriation is nonrecurring.
(b) Instructional Technology Grants
-0- 4,525,000
This appropriation is to develop an
electronic delivery system by awarding
competitive grants to campuses or
campus faculty for acquisition,
improvement, and innovative
applications of technology. Up to
$300,000 of this appropriation may be
spent for central office administrative
costs. The grants must be awarded for
proposals that are student centered and
directly affect classroom instruction,
advising, and other services that
enhance student success. Priority
shall be placed on grant projects for
instructional technology. Grants may
be for any amount up to $250,000 and
shall be awarded through a process
developed by the board. The board
shall set up a review panel to judge
the proposals. The panel shall include
faculty, administration, students, and
at least one member of the Minnesota
high technology council.
The legislature expects that the system
office will complete at least the
following tasks in the development of
the electronic delivery system: (1)
request proposals from campuses and
award grants; (2) identify systemwide
network defects; and (3) promote
public/private ventures. The system
shall report the results of use of this
appropriation in the 1997-1999 biennial
budget document.
(c) Regional Farm Business
Management Programs
-0- 150,000
This appropriation is to update
electronic capability for the
instructors in farm business management
programs. Each of the six regional
farm business management programs shall
receive $25,000 of this appropriation.
(d) Work Skills Upgrade Program
-0- 175,000
The chancellor of the Minnesota state
colleges and universities shall
designate at least one technical
college or consolidated
community-technical college to be a
demonstration site for a work skills
upgrade program. The program shall
offer learning experiences that have
broad application for Minnesotans
wishing to improve their employability
or otherwise keep current in skills
necessary to succeed in the changing
economy. The program shall be offered
at low cost to the student. The
chancellor shall report to the
education committees of the
legislature, in the biennial budget
document, on the progress of the
demonstration program and potential for
expanding the program to other campuses.
The chancellor shall establish an
advisory group which includes the
commissioner of economic security or
the commissioner's designee; the
commissioner of children, families, and
learning or the commissioner's
designee; a representative of labor; a
representative of business; a faculty
member; and a student.
The advisory group shall:
(1) identify the outcomes of each
learning experience offered under the
program;
(2) establish methods to document that
students have achieved the outcomes
identified for each learning
experience;
(3) identify and seek nonstate money to
supplement the appropriation; and
(4) identify mechanisms whereby
students and employers who benefit from
the program are required to repay some
portion of the benefit.
"Learning experience" means a short
course offered at an on- or off-campus
site or through distance education;
computer-based instruction;
videocassettes; and other alternative
instructional technologies.
(e) Metro State University Planning
By February 15, 1997, the system office
and campuses of the Minnesota state
colleges and universities shall submit
to the legislature a master academic
plan for the metropolitan area that
defines the current and future missions
and plans of the metro area colleges
and universities. Within the fiscal
realities of the state, the plan must
consider short- and long-term
demographic and enrollment projections,
physical plant capacity and needs, and
coordination and duplication of program
offerings. The system office shall
consult with the University of
Minnesota during the planning process.
The plan must be submitted to the board
of trustees for approval before
submission for legislative approval.
Sec. 4. BOARD OF REGENTS OF THE
UNIVERSITY OF MINNESOTA -0- 8,600,000
The amounts that may be spent from this
appropriation for each purpose are as
follows:
(a) Academic Health Center
(1) Information Technology
-0- 2,000,000
This appropriation is for a data and
video network and equipment to connect
academic health center faculty and
students on the St. Paul, Duluth, and
Minneapolis campuses and at
community-based sites.
(2) Restructuring
-0- 6,600,000
This appropriation is for the academic
health center for the development and
purchase of new information technology
to improve the delivery of health care
education programs and to redesign the
curriculum and underwrite the
development of new or expanded programs
in health care education. Where
necessary, this money may also be used
to cover the costs of downsizing
programs and retraining faculty and
staff, but may not be used to finance
the integration of the University
hospital with Fairview Health Systems.
The legislature requests the faculty,
administration, and board of regents of
the University to pursue an internal
process leading to changes in the
tenure code applicable to the academic
health center, without infringing on
academic freedom.
The commissioner of finance shall place
this appropriation in a performance
incentive account.
The commissioner shall release 90
percent of this money to the board of
regents when the board of regents
certifies that changes have been made
in the personnel policies for clinical
faculty with regular appointments in
the academic health center which enable
the University to alter clinical
compensation and base salary, and
provide a streamlined due process
procedure for separation under the
provost of the academic health center,
without infringing on academic freedom.
The commissioner shall release ten
percent of this money when the
University demonstrates that it is
progressing in its development of the
school of medicine at the University of
Minnesota Duluth as a rural health
center. This progress shall be
measured by (1) changes in the
educational program to expand the
coordination of training for rural
nurse practitioner, pharmacy, physician
assistant, and medical students; and
(2) development of electronic linkages
between distant sites to provide video
conferences, transmission of images,
and transfer of information.
Sec. 5. BOARD OF TRUSTEES OF THE
MINNESOTA STATE COLLEGES AND UNIVERSITIES
AND THE BOARD OF REGENTS OF THE
UNIVERSITY OF MINNESOTA -0- 800,000
$400,000 of this appropriation is to
the board of trustees of the Minnesota
state colleges and universities and
$400,000 is to the board of regents of
the University of Minnesota to enter
into a joint project for distance
learning development.
The systems shall use the appropriation
for the following functions:
(1) to acquire, develop, and distribute
high quality distance learning
resources and courseware needed to meet
identified distance learning needs;
(2) to award grants to faculty to
develop technology-based courseware for
a variety of delivery modes including
multimedia and the Internet;
(3) to decide which courses and degrees
shall be offered by each institution in
order to eliminate overlap and promote
efficient use of resources; and
(4) to develop strategies to market and
distribute distance learning proposals
within and outside Minnesota, including
possible collaborative relationships
with private organizations.
Staffing for the joint project shall be
provided by the member systems.
The higher education systems shall
report in the 1997-1999 biennial budget
document on progress in carrying out
the functions specified and any
organizational or governance structure
changes needed for the joint project to
most effectively carry out its
functions.
Sec. 6. Minnesota Statutes 1994, section 116L.03,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERS.] The partnership shall be
governed by a board of 12 11 directors.
Sec. 7. Minnesota Statutes 1995 Supplement, section
116L.03, subdivision 2, is amended to read:
Subd. 2. [APPOINTMENT.] The Minnesota job skills
partnership board consists of: eight members appointed by the
governor, the commissioner of trade and economic development,
the commissioner of economic security, the chancellor of the
technical college system, and the chancellor, or the
chancellor's designee, of the board of trustees of the Minnesota
state colleges and universities. If the chancellor makes a
designation under this subdivision, the designee must have
experience in technical education.
Sec. 8. Minnesota Statutes 1994, section 169.121,
subdivision 10, is amended to read:
Subd. 10. [RESEARCH PROGRAMS.] No person is guilty of a
violation of this section committed while participating in a
research or demonstration project conducted by the Minnesota
highway safety center created pursuant to section 136.147. This
subdivision applies only to conduct occurring while operating a
state-owned vehicle under the supervision of personnel of the
center on the grounds of the center.
Sec. 9. Minnesota Statutes 1994, section 202A.19,
subdivision 3, is amended to read:
Subd. 3. The University of Minnesota may not schedule an
event which will take place after 6:00 p.m. on the day of a
major political party precinct caucus unless permission to do so
has been received from the board of regents. No Minnesota state
college or university may schedule an event which will take
place after 6:00 p.m. on the day of a major political party
precinct caucus unless permission to do so has been received
from the state university board of trustees of the Minnesota
state colleges and universities. No community college may
schedule an event which will take place after 6:00 p.m. on the
day of a major political party precinct caucus unless permission
to do so has been received from the state board for community
colleges.
Sec. 10. Minnesota Statutes 1994, section 204C.03,
subdivision 2, is amended to read:
Subd. 2. [STATE COLLEGES AND UNIVERSITIES AND COMMUNITY
COLLEGES.] Except for regularly scheduled classes, no Minnesota
state college or university or state community college shall
schedule an event between 6:00 p.m. and 8:00 p.m. on the day
that an election is held in any political subdivision in which
the university or college is located.
Sec. 11. Minnesota Statutes 1995 Supplement, section
256.969, subdivision 9, is amended to read:
Subd. 9. [DISPROPORTIONATE NUMBERS OF LOW-INCOME PATIENTS
SERVED.] (a) For admissions occurring on or after October 1,
1992, through December 31, 1992, the medical assistance
disproportionate population adjustment shall comply with federal
law and shall be paid to a hospital, excluding regional
treatment centers and facilities of the federal Indian Health
Service, with a medical assistance inpatient utilization rate in
excess of the arithmetic mean. The adjustment must be
determined as follows:
(1) for a hospital with a medical assistance inpatient
utilization rate above the arithmetic mean for all hospitals
excluding regional treatment centers and facilities of the
federal Indian Health Service but less than or equal to one
standard deviation above the mean, the adjustment must be
determined by multiplying the total of the operating and
property payment rates by the difference between the hospital's
actual medical assistance inpatient utilization rate and the
arithmetic mean for all hospitals excluding regional treatment
centers and facilities of the federal Indian Health Service; and
(2) for a hospital with a medical assistance inpatient
utilization rate above one standard deviation above the mean,
the adjustment must be determined by multiplying the adjustment
that would be determined under clause (1) for that hospital by
1.1. If federal matching funds are not available for all
adjustments under this subdivision, the commissioner shall
reduce payments on a pro rata basis so that all adjustments
qualify for federal match. The commissioner may establish a
separate disproportionate population operating payment rate
adjustment under the general assistance medical care program.
For purposes of this subdivision medical assistance does not
include general assistance medical care. The commissioner shall
report annually on the number of hospitals likely to receive the
adjustment authorized by this paragraph. The commissioner shall
specifically report on the adjustments received by public
hospitals and public hospital corporations located in cities of
the first class.
(b) For admissions occurring on or after July 1, 1993, the
medical assistance disproportionate population adjustment shall
comply with federal law and shall be paid to a hospital,
excluding regional treatment centers and facilities of the
federal Indian Health Service, with a medical assistance
inpatient utilization rate in excess of the arithmetic mean.
The adjustment must be determined as follows:
(1) for a hospital with a medical assistance inpatient
utilization rate above the arithmetic mean for all hospitals
excluding regional treatment centers and facilities of the
federal Indian Health Service but less than or equal to one
standard deviation above the mean, the adjustment must be
determined by multiplying the total of the operating and
property payment rates by the difference between the hospital's
actual medical assistance inpatient utilization rate and the
arithmetic mean for all hospitals excluding regional treatment
centers and facilities of the federal Indian Health Service;
(2) for a hospital with a medical assistance inpatient
utilization rate above one standard deviation above the mean,
the adjustment must be determined by multiplying the adjustment
that would be determined under clause (1) for that hospital by
1.1. The commissioner may establish a separate disproportionate
population operating payment rate adjustment under the general
assistance medical care program. For purposes of this
subdivision, medical assistance does not include general
assistance medical care. The commissioner shall report annually
on the number of hospitals likely to receive the adjustment
authorized by this paragraph. The commissioner shall
specifically report on the adjustments received by public
hospitals and public hospital corporations located in cities of
the first class; and
(3) for a hospital that had medical assistance
fee-for-service payment volume during calendar year 1991 in
excess of 13 percent of total medical assistance fee-for-service
payment volume, a medical assistance disproportionate population
adjustment shall be paid in addition to any other
disproportionate payment due under this subdivision as follows:
$1,515,000 due on the 15th of each month after noon, beginning
July 15, 1995. For a hospital that had medical assistance
fee-for-service payment volume during calendar year 1991 in
excess of eight percent of total medical assistance
fee-for-service payment volume and is was the primary hospital
affiliated with the University of Minnesota, a medical
assistance disproportionate population adjustment shall be paid
in addition to any other disproportionate payment due under this
subdivision as follows: $505,000 due on the 15th of each month
after noon, beginning July 15, 1995.
(c) The commissioner shall adjust rates paid to a health
maintenance organization under contract with the commissioner to
reflect rate increases provided in paragraph (b), clauses (1)
and (2), on a nondiscounted hospital-specific basis but shall
not adjust those rates to reflect payments provided in clause
(3).
(d) If federal matching funds are not available for all
adjustments under paragraph (b), the commissioner shall reduce
payments under paragraph (b), clauses (1) and (2), on a pro rata
basis so that all adjustments under paragraph (b) qualify for
federal match.
(e) For purposes of this subdivision, medical assistance
does not include general assistance medical care.
Sec. 12. [256.9692] [EFFECT OF INTEGRATION AGREEMENT ON
DIVISION OF COST.]
Beginning in the first calendar month after there is a
definitive integration agreement affecting the University of
Minnesota hospital and clinics and Fairview hospital and health
care services, Fairview hospital and health care services shall
pay the University of Minnesota $505,000 on the 15th of each
month, after receiving the state payment, provided that the
University of Minnesota has fulfilled the requirements of
section 256B.19, subdivision 1c.
Sec. 13. Minnesota Statutes 1995 Supplement, section
297A.25, subdivision 11, is amended to read:
Subd. 11. [SALES TO GOVERNMENT.] The gross receipts from
all sales, including sales in which title is retained by a
seller or a vendor or is assigned to a third party under an
installment sale or lease purchase agreement under section
465.71, of tangible personal property to, and all storage, use
or consumption of such property by, the United States and its
agencies and instrumentalities, the University of Minnesota,
state universities, community colleges, technical colleges,
state academies, the Minnesota center for arts education, and
school districts are exempt.
As used in this subdivision, "school districts" means
public school entities and districts of every kind and nature
organized under the laws of the state of Minnesota, including,
without limitation, school districts, intermediate school
districts, education districts, educational cooperative service
units, secondary vocational cooperative centers, special
education cooperatives, joint purchasing cooperatives,
telecommunication cooperatives, regional management information
centers, technical colleges, joint vocational technical
districts, and any instrumentality of a school district, as
defined in section 471.59.
Sales exempted by this subdivision include sales under
section 297A.01, subdivision 3, paragraph (f), but do not
include sales under section 297A.01, subdivision 3, paragraph
(j), clause (vii).
Sales to hospitals and nursing homes owned and operated by
political subdivisions of the state are exempt under this
subdivision.
The sales to and exclusively for the use of libraries of
books, periodicals, audio-visual materials and equipment,
photocopiers for use by the public, and all cataloguing and
circulation equipment, and cataloguing and circulation software
for library use are exempt under this subdivision. For purposes
of this paragraph "libraries" means libraries as defined in
section 134.001, county law libraries under chapter 134A, the
state library under section 480.09, and the legislative
reference library.
Sales of supplies and equipment used in the operation of an
ambulance service owned and operated by a political subdivision
of the state are exempt under this subdivision provided that the
supplies and equipment are used in the course of providing
medical care. Sales to a political subdivision of repair and
replacement parts for emergency rescue vehicles and fire trucks
and apparatus are exempt under this subdivision.
Sales to a political subdivision of machinery and
equipment, except for motor vehicles, used directly for mixed
municipal solid waste management services at a solid waste
disposal facility as defined in section 115A.03, subdivision 10,
are exempt under this subdivision.
Sales to political subdivisions of chore and homemaking
services to be provided to elderly or disabled individuals are
exempt.
Sales of telephone services to the department of
administration that are used to provide telecommunications
services through the intertechnologies revolving fund are exempt
under this subdivision.
This exemption shall not apply to building, construction or
reconstruction materials purchased by a contractor or a
subcontractor as a part of a lump-sum contract or similar type
of contract with a guaranteed maximum price covering both labor
and materials for use in the construction, alteration, or repair
of a building or facility. This exemption does not apply to
construction materials purchased by tax exempt entities or their
contractors to be used in constructing buildings or facilities
which will not be used principally by the tax exempt entities.
This exemption does not apply to the leasing of a motor
vehicle as defined in section 297B.01, subdivision 5, except for
leases entered into by the United States or its agencies or
instrumentalities.
The tax imposed on sales to political subdivisions of the
state under this section applies to all political subdivisions
other than those explicitly exempted under this subdivision,
notwithstanding section 115A.69, subdivision 6, 116A.25,
360.035, 458A.09, 458A.30, 458D.23, 469.101, subdivision 2,
469.127, 473.394, 473.448, 473.545, or 473.608 or any other law
to the contrary enacted before 1992.
Sales exempted by this subdivision include sales made to
other states or political subdivisions of other states, if the
sale would be exempt from taxation if it occurred in that state,
but do not include sales under section 297A.01, subdivision 3,
paragraphs (c) and (e).
Sec. 14. Laws 1994, chapter 643, section 69, subdivision
1, is amended to read:
Subdivision 1. [TASK FORCE MEMBERSHIP.] An 18-member A
22-member planning task force for library and information
services shall be established and shall be composed of: three
representatives appointed by the chancellor of the higher
education board Minnesota state colleges and universities, one
of whom may be serving on the MINITEX advisory committee; two
representatives appointed by the president of the University of
Minnesota, one of whom may be serving on the MINITEX advisory
committee; one representative appointed by the president of the
Minnesota private college council; the director of MINITEX; one
representative appointed by the commissioner of finance; one
representative appointed by the commissioner of administration;
one representative appointed by the executive director of the
Minnesota higher education coordinating board services office;
the director of the office of library development and services;
five representatives of public libraries appointed by the
director of library development and services; two
representatives of elementary and secondary schools appointed by
the commissioner of education children, families, and learning;
and one representative four representatives appointed by the
governor who shall represent the private sector. The executive
director of the Minnesota higher education coordinating
board services office shall confer with the other appointing
authorities to ensure that at least one-half of the task force
members are employed in occupations unrelated to library
science. The executive director of the Minnesota higher
education coordinating board shall convene the first meeting of
the task force.
Sec. 15. Laws 1995, chapter 212, article 1, section 3,
subdivision 2, is amended to read:
Subd. 2. Instructional Expenditures
The legislature estimates that
instructional expenditures will be
$214,536,000 each year for the
technical colleges.
The legislature estimates that
instructional expenditures will be
$145,565,000 each year for community
colleges.
The legislature estimates that
instructional expenditures will be
$253,612,000 each year for state
universities.
During the biennium neither the board
nor 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.
This appropriation includes continued
support of at least $400,000 each year
for the Mid-Tec and Heartland
Telecommunications Networks.
This appropriation includes $40,000
each year for American Indian
outreach. The legislature anticipates
this money will assist the Fond Du Lac
campus to recruit, advise, and retain
American Indian students.
It is the intent of the legislature to
hold the Minnesota state colleges and
universities accountable for making
budgetary and policy decisions that
provide students with access to high
quality education and training
programs. Significant and demonstrable
progress toward the goals in this
subdivision and in section 6,
subdivision 2, are expected in this
biennium for consideration in funding
decisions in the next supplemental
budget and in the 1998-1999 biennial
budget.
The commissioner of finance shall place
$5,000,000 of the second year
appropriation in a performance
incentive account. The commissioner
shall release $1,000,000 of this amount
to the board of trustees each time that
it demonstrates that it has achieved
one of the following performance
measures has been achieved:
(1) increase the percentage of the
budget directed to instruction and
academic resources;
(2) increase the number of credits
issued through telecommunications
between fiscal year 1995 and fiscal
year 1996;
(3) increase the retention of new
entering freshman on state university
campuses who continue into the
sophomore year between fiscal year 1995
and fiscal year 1996 by at least two
percent. The appropriation shall be
distributed released for distribution
to those campuses that achieve the
increase;
(4) increase the percentage of students
in two-year programs who graduate
within two years of admission, and the
percentage of students in four-year
programs who graduate within four years
of admission by at least two percent.
The appropriation shall be distributed
released for distribution to campuses
that achieve the increase; and
(5) increase in placement rates for
occupational programs and transfer
rates for academic programs for
community and technical colleges.
One-half of the appropriation for this
measure shall be released for placement
rate improvements, and one-half shall
be released for transfer rate
improvements.
The legislature expects the board of
trustees to demonstrate its commitment
to enhancing educational quality,
including high priority initiatives
that capitalize on opportunities
created by merger for: joint programs
with the University of Minnesota for
faculty, staff, and administrative
development; enhanced opportunities for
students of color; and opportunities
for using technology to the advantage
of students and faculty.
The legislature further expects the
board of trustees to make difficult
choices in its allocations, based on
critical evaluations of its campuses
and programs, including actions to
address the 14 duplicate two-year
programs located within 35 miles of
each other, as identified by the
legislative auditor, for which no
action has yet been taken.
Each college and university shall
demonstrate to the board that, in the
face of severe budget constraints, it
has identified those programs and
functions that are central to the
mission of that campus and are most
critical to meeting student needs, and
that the campus has redirected
resources to those identified areas to
protect the core educational
enterprise. Further, each campus shall
demonstrate that it has taken actions
to improve the productivity of faculty,
administrators, and staff.
The amounts for library access; Fond du
Lac American Indian student outreach;
incentives for co-located campuses;
increased instructional appropriations;
performance funding; instructional
equipment; conversion to semesters;
systemwide computer system development
for accounting, payroll, personnel,
procurement, and student records; staff
training for use of systems; staff
restructuring, separation payments, and
unemployment insurance; and development
of library collections and curriculum
at Metro State University are for these
purposes only and shall be
nonrecurring. The amounts are
$8,741,000 in fiscal year 1996 and
$16,147,000 in fiscal year 1997.
Sec. 16. [PUBLIC SAFETY OFFICER'S SURVIVOR BENEFITS;
EDUCATIONAL BENEFITS FOR CERTAIN SURVIVING CHILDREN.]
Each surviving child of a volunteer firefighter killed in
the line of duty before July 1, 1990, who was eligible to
receive educational benefits as of that date under Minnesota
Statutes, section 299A.45, but for whom educational certificates
were not issued by the department of public safety, shall be
eligible to receive an educational benefit award equal to the
amount the child would have been eligible to receive had the
certificates been issued in a timely manner.
The awards under this section are otherwise subject to
Minnesota Statutes, section 299A.45.
Sec. 17. [REPEALER.]
(a) Minnesota Statutes 1995 Supplement, section 16A.125,
subdivision 6a, is repealed.
(b) Minnesota Rules, parts 4800.8100, 4800.8200, 4800.8300,
4800.8400, 4830.6500, 4830.6510, 4830.6520, 4830.6600,
4830.6610, 4830.6620, 4830.8510, 4830.8520, 4830.8530,
4830.8535, 4830.8540, 4830.8550, 4830.8570, and 4830.8575, are
repealed.
Sec. 18. [INSTRUCTION TO REVISOR.]
(a) In the next and subsequent editions of Minnesota
Statutes, the revisor shall delete "community college," "board
of community colleges," or related terms; "state university,"
"board of state universities," or related terms; and "technical
college," "board of technical colleges," or related terms and
replace them with "Minnesota state colleges and universities,"
"board of trustees of the Minnesota state colleges and
universities," or related terms in the following sections and
subdivisions: 3.3005, subdivision 1; 3.732, subdivision 1;
3.754; 13.792; 15.44; 16A.127, subdivision 8; 16B.101,
subdivision 1; 16B.24, subdivision 2; 16B.30; 16B.31,
subdivision 1; 16B.61, subdivision 5; 43A.08, subdivision 1a;
116N.02, subdivision 1; 116O.09, subdivision 4; 135A.06,
subdivision 1; 138.054, subdivision 2; 216C.13; 256.7365,
subdivision 4; 256H.01, subdivision 13; 268.65, subdivision 2;
309.515, subdivision 1; and 491A.01, subdivision 6.
(b) In the next and subsequent editions of Minnesota
Statutes, the revisor shall change the term "chancellor of
vocational education" to "chancellor of the Minnesota state
colleges and universities" in Minnesota Statutes, section
268.363.
(c) In the next and subsequent editions of Minnesota
Statutes, the revisor shall change the cross-reference to
chapter "136C" to "136F" in Minnesota Statutes, section 326.84,
subdivision 3, clause (9).
Sec. 19. [EFFECTIVE DATE.]
Sections 3, paragraph (e), 7, 11, 12, 14, 15, and 16 are
effective the day after final enactment.
Section 17, paragraph (a), is effective June 30, 1997.
Presented to the governor March 28, 1996
Signed by the governor April 1, 1996, 10:55 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes