Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 183-S.F.No. 1888
An act relating to education; appropriating money for
education and related purposes to the higher education
services office, board of trustees of the Minnesota
state colleges and universities, board of regents of
the University of Minnesota, and the Mayo medical
foundation, with certain conditions; establishing and
modifying programs that promote college affordability;
providing for agriculture education; clarifying the
role of the higher education services office; making
technical changes related to the post-secondary
merger; increasing the higher education facilities
authority bonding authority; modifying certain
conditions for the Minnesota state colleges and
universities; prescribing uses for the permanent
university fund; extending the repeal of the
farmer-lender mediation act; permitting certain land
conveyances; placing a condition on referenda by
campus student associations; establishing the
Minnesota Virtual University, a roundtable on
vocational technical education, and an agriculture
education leadership council; amending Minnesota
Statutes 1996, sections 16A.69, subdivision 2;
125.1385, subdivision 2; 126.56, subdivisions 2, 4a,
and 7; 135A.052, subdivision 1; 136A.03; 136A.101, by
adding a subdivision; 136A.121, subdivisions 5 and 9a;
136A.125, subdivision 4; 136A.1355; 136A.136,
subdivision 2; 136A.16, subdivision 8, and by adding
subdivisions; 136A.171; 136A.173, subdivision 3;
136A.233, subdivisions 2, 3, and by adding a
subdivision; 136A.29, subdivision 9; 136F.28,
subdivision 2; 136F.32; 136F.49; 136F.581, subdivision
2; 136F.72, subdivision 1; 136F.80; 137.022,
subdivision 2; 181.06, subdivision 2; 216C.27,
subdivision 7; and 583.22, subdivision 5; Laws 1986,
chapter 398, article 1, section 18, as amended; Laws
1994, chapter 643, section 19, subdivision 9, as
amended; Laws 1996, chapter 366, section 6; and Laws
1997, chapter 32, by adding a section; proposing
coding for new law in Minnesota Statutes, chapters
16A; 136A; and 136F; proposing coding for new law as
Minnesota Statutes, chapter 41D; repealing Minnesota
Statutes 1996, sections 126.113 and 137.41; Laws 1995,
chapter 212, article 4, section 34; and Laws 1995,
First Special Session chapter 2, article 1, sections
35 and 36.
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 "1998" or "1999" in this
article indicates that the amount is appropriated to be
available for the fiscal year ending June 30, 1998, or June 30,
1999, respectively. "The first year" is fiscal year 1998. "The
second year" is fiscal year 1999. "The biennium" is fiscal
years 1998 and 1999.
SUMMARY BY FUND
1998 1999 TOTAL
General $1,180,479,000 $1,191,244,000 $2,371,723,000
SUMMARY BY AGENCY - ALL FUNDS
1998 1999 TOTAL
Higher Education Services Office
136,806,000 140,802,000 277,608,000
Board of Trustees of the Minnesota
State Colleges and Universities
501,682,000 513,954,000 1,015,636,000
Board of Regents of the University
of Minnesota
540,842,000 535,206,000 1,076,048,000
Mayo Medical Foundation
1,149,000 1,282,000 2,431,000
APPROPRIATIONS
Available for the Year
Ending June 30
1998 1999
Sec. 2. HIGHER EDUCATION
SERVICES OFFICE
Subdivision 1. Total
Appropriation 136,806,000 140,802,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. State Grants
99,046,000 115,171,000
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 services office make full
grant awards in each year of the
biennium.
For the biennium, the private
institution tuition maximum shall be
$7,860 in the first year and $8,055 in
the second year for four-year
institutions and $6,050 in the first
year and $6,200 in the second year for
two-year institutions.
This appropriation contains money to
set the living and miscellaneous
expense allowance at $4,500 in the
first year and $4,885 in the second
year.
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.
$50,000 in each year is for the loan
repayment assistance program of
Minnesota to reimburse graduates of
Minnesota law schools working as
lawyers in Minnesota who meet the
eligibility criteria for loan repayment
for law school debt. The eligibility
criteria must include the following:
(1) recipient's annual household income
is $30,000 or less; and (2) recipient
is providing legal services full time
for economically disadvantaged persons
for (a) a nonprofit agency as defined
by section 501(c)(3), 501(c)(4), or
501(c)(5) of the Internal Revenue Code
of 1986; (b) Native American tribal
governments, court systems, and public
interest organizations; (c) public
defense corporations; or (d) the state
board of public defense. The money may
be released to the program only in
amounts that have been matched dollar
for dollar with private money.* (The
preceding text beginning "$50,000" was
vetoed by the governor.)
This appropriation contains money for
the National Service Scholars program.
Subd. 3. Interstate Tuition
Reciprocity
4,000,000 4,000,000
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 services office is
authorized to negotiate a reciprocity
agreement with the province of Ontario.
Subd. 4. State Work Study
9,444,000 9,444,000
Subd. 5. Minitex Library Program
2,608,000 2,608,000
This appropriation contains money for
online access to science and technology
periodicals.
Subd. 6. Learning Network of Minnesota
5,500,000 5,292,000
Up to $1,500,000 of this amount is to
assist in establishing a gigabit
capacity point of presence at the
University of Minnesota-Twin Cities and
to support the University's
participation in the national Internet
two initiative for research and
development of telecommunications
networks. This appropriation is
available to the extent matched by the
University of Minnesota or private
sources.
This appropriation includes money for
quality improvements and inter-region
and interstate connectivity for MnNet.
Subd. 7. Income Contingent Loans
The higher education services office
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
services office 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. No new applicants
may be accepted after June 30, 1995.
Subd. 8. Minnesota Library
Information Network
12,000,000 -0-
This appropriation is for
implementation of the Minnesota library
information network, which shall be
developed in cooperation with the
library planning task force, and shall
include: (1) an integrated library
system that will serve the libraries of
the University of Minnesota; the
Minnesota state colleges and
universities system; state government;
interested public, school, and private
college libraries; and not-for-profit
institutions that meet the
requirements; and (2) a common services
gateway creating links to the
integrated library system for
compatible school, public, and
not-for-profit library information
systems statewide. Staff needed for
training and user support, technical
support, installation, and operation of
the network shall be obtained from the
Minnesota state colleges and
universities system, the University of
Minnesota, and other entities that have
experience and expertise in operating a
large library automation system. This
appropriation is available until
expended or until the network is
completed, whichever occurs first.
Subd. 9. Edvest
1,519,000 1,520,000
Subd. 10. Agency Administration
2,689,000 2,767,000
This appropriation includes money for
the Minnesota Minority Education
Partnership.
Money encumbered for youth works
postservice benefits shall not cancel
but is available until the participants
for whom the money was encumbered are
no longer eligible to draw benefits.
The higher education advisory council
and the student advisory council shall
not expire on June 30, 1997, but shall
continue for the biennium.
Subd. 11. 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. 12. Transfers
The higher education services office
may transfer unencumbered balances from
the appropriations in this section to
the state grant appropriation, the
interstate tuition reciprocity
appropriation, the child care
appropriation, and the state work study
appropriation.
The higher education services office
shall make recommendations to the 1998
and 1999 legislatures on how to use any
savings resulting from federal Pell
grant changes. Options for the office
to consider shall include, but not be
limited to, reducing the assigned
family responsibility for independent
students and reducing the student share
in the state grant formula.
Subd. 13. Nonrecurring Appropriations
The appropriations for the Minnesota
library information network, quality
improvements on MnNet, inter-region and
interstate connectivity for MnNet, and
the National Service Scholars program
are nonrecurring.
Sec. 3. BOARD OF TRUSTEES OF THE
MINNESOTA STATE COLLEGES AND UNIVERSITIES
Subdivision 1. Total
Appropriation 501,682,000 513,954,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
In fiscal year 1998, each college and
university is to receive its fiscal
year 1997 state appropriation adjusted
for enrollment changes. In addition,
instructional and noninstructional
appropriation increases for educational
improvements, performance, technology,
equipment, and the electronic academy
are to be distributed to the colleges
and universities based on a weighted
average as follows:
(1) each campus's proportion of the
fiscal year 1997 state appropriation,
weighted at 70 percent; and
(2) the proportion of each campus to
the total system full-year equivalent
enrollment for the 1996-1997 academic
year, weighted at 30 percent.
The system shall report to the
legislature on the board's progress in
developing a new allocation model by
February 1, 1998.
Subd. 2. Instructional Expenditures
The legislature estimates that
instructional expenditures will be
$650,469,000 in the first year and
$664,765,000 in the second year.
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 contains money for
educational enhancements including
improvements in programs, student
services, advising, library
acquisitions, and class size and
availability, while holding down
tuition increases.
This appropriation contains money for
further development of the electronic
academy, including delivery of academic
programs statewide via electronic
technology, development of multimedia
instructional technology across the
curriculum, development of automated
student services available online and
through the Internet, provision of
technological services for staff and
students, staff development, and
challenge grants for innovative
technology applications. Up to
$300,000 each year is for central
office costs associated with the
implementation of the electronic
academy.
This appropriation includes money for
improvements in instructional
technology and equipment to be used for
the benefit of faculty and students on
campus.
This appropriation contains money to
develop and implement a common student
information system and central data
management system, and to upgrade the
management information systems network.
During the biennium, each college and
university shall demonstrate to the
board that, in the face of 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.
During the biennium, technical and
consolidated colleges shall make use of
instructional advisory committees
consisting of employers, students, and
instructors. The instructional
advisory committee shall be consulted
when a technical program is proposed to
be created, modified, or eliminated.
If a decision is made to eliminate a
program, a college shall adequately
notify students and make plans to
assist students affected by the closure.
In each year the board of trustees
shall increase the percentage of the
total general fund expenditures for
direct instruction, as reported in the
federal Integrated Postsecondary
Education Data System (IPEDS). By
February 15 of 1998 and 1999, the board
of trustees shall report to the
legislature the percentage of total
general fund expenditures spent on
direct instruction and on
administrative support during the
previous fiscal year.
In the process of converting to
semesters, the system and campuses
shall develop and incorporate
mechanisms to improve credit transfer
as they redesign curriculum.
This appropriation contains money for
the Virtual University.
Subd. 3. Noninstructional Expenditures
The legislature estimates that
noninstructional expenditures will be
$45,765,000 in the first year and
$43,741,000 in the second year.
This appropriation contains money to
reimburse campuses for snow and flood
disasters.
This appropriation contains money to
pay the first year's assessments for
the road and entrance improvements at
Inver Hills Community College. It is
anticipated that the remainder of the
costs will be paid from bond sources.
This appropriation contains money for
development and implementation of the
Minnesota career and education planning
system in partnership with the
University of Minnesota, the department
of children, families, and learning,
and the Minnesota office of
technology. System maintenance and
operation costs must be paid by
participating agencies and institutions.
$204,000 in the first year and $99,000
in the second year are for debt service
payments.
$150,000 each year is for southwest
Asia veterans tuition relief.
$150,000 in the first year is to
establish pilot programs at one
community college, one technical
college, and one consolidated community
technical college to expand the child
care offerings on campus to include
infant care. To be chosen by the board
to receive a grant, a campus must
demonstrate that (1) it has an
exemplary child care program, (2) there
is demand for infant care on campus,
and (3) it has the physical and
financial capacity to sustain an infant
care program after the pilot grant has
expired. The board shall provide an
evaluation of the pilot programs and
its recommendations on expanding infant
care to other campuses to the education
committees of the legislature as part
of its 2000-2001 biennial budget
request.
Subd. 4. State Council on
Vocational Technical Education
The appropriation in subdivision 1
includes money in the first year for
the state council on vocational
education.
Subd. 5. Nonrecurring Appropriations
The appropriations for the information
management system, technology,
equipment, the Virtual University, the
Minnesota career and education planning
system, building repairs and
betterment, snow and flood disaster,
state council on vocational education,
Inver Hills Community College road
assessment, and the infant care pilot
project are nonrecurring.
Sec. 4. BOARD OF REGENTS OF THE
UNIVERSITY OF MINNESOTA
Subdivision 1. Total
Appropriation 540,842,000 535,206,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. Operations and
Maintenance 470,998,000 468,362,000
(a) Instructional Expenditures
The legislature estimates that
instructional expenditures will be
$420,752,000 in the first year and
$423,096,000 in the second year.
This appropriation includes money for
the Virtual University.
This appropriation includes money for
programmatic improvements.
(b) Noninstructional Expenditures
The legislature estimates that
noninstructional expenditures will be
$182,073,000 in the first year and
$178,649,000 in the second year.
This appropriation contains money for
the development and implementation of
the Minnesota career and education
planning system in partnership with the
Minnesota state colleges and
universities, the department of
children, families, and learning, and
the Minnesota office of technology.
System maintenance and operation costs
must be paid by participating agencies
and institutions.
$3,000,000 in the first year is to
supplement the appropriation under Laws
1996, chapter 463, section 14,
subdivision 7, for the Mariucci ice and
tennis facility. The facility shall be
a multisheet ice arena, unless the
board of regents determines, after
consultation with the Minnesota amateur
sports commission, that construction of
a multisheet ice arena is not feasible.
Any net profits from the operation of
the facility must go to the women's
athletic department.
$250,000 in the first year is for the
academic health center to provide
research grants of up to $20,000 to
faculty. These grants shall be given
to provide developmental support for
projects that have a strong potential
for future funding from outside sources.
By February 15 of each year, the
University shall report to the higher
education divisions of the legislature
on its efforts to improve opportunities
for female athletes consistent with
Title IX.
This appropriation contains money for
the violence and abuse prevention
program. The legislature intends this
to be the final state appropriation.
Future financing must be from nonstate
sources.
Subd. 3. Special
Appropriation 69,844,000 66,844,000
The amounts expended for each program
in the four categories of special
appropriations shall be separately
identified in the 1999 biennial budget
document.
(a) Agriculture and Extension Service
51,047,000 51,047,000
This appropriation is for the
Agricultural Experiment Station,
Minnesota Extension Service, and for
initiatives designed to sustain
Minnesota's renewable natural
resource-based industries, including,
but not limited to, regional
sustainable agriculture partnerships,
research on wheat and barley scab,
spring wheat, grapes and wine, and
canola.
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.
This appropriation contains money for
agriculture education including money
for the Minnesota agriculture
leadership council and for grants. It
also includes money for the university
to improve recruitment and
collaborative efforts at the college of
agriculture, food, and environmental
science.
(b) Health Sciences
10,066,000 7,066,000
This appropriation is for indigent
patients (county papers), rural
physicians associates program, the
Veterinary Diagnostic Laboratory,
health sciences research, dental care,
and the Biomedical Engineering Center.
By January 15, 1998, the board of
regents, after consultation with the
board of animal health, the livestock
industry, and the Minnesota Veterinary
Medical Association, is requested to
make recommendations to the higher
education finance divisions of the
legislature regarding transfer of
funding for the Veterinary Diagnostic
Laboratory to the board of animal
health.
This appropriation contains money for
technology transfer, research and
public service, and the Biomedical
Engineering Center endowment.
(c) Institute of Technology
1,552,000 1,552,000
This appropriation is for the
Geological Survey and the Talented
Youth Mathematics Program.
(d) System Specials
7,179,000 7,179,000
This appropriation is for general
research, student loans matching money,
industrial relations education, Natural
Resources Research Institute, Center
for Urban and Regional Affairs, Bell
Museum of Natural History, and the
Humphrey exhibit. For the biennium,
the board shall not reduce the total
allocation for industrial relations
education.
Subd. 4. Nonrecurring Appropriations
The appropriations for the
administrative process redesign, the
Virtual University, the Minnesota
career and education planning system,
the Biomedical Engineering Center
endowment, technology transfer, women's
ice sheet and tennis facility, violence
and abuse prevention program, and
programmatic improvements and
performance are nonrecurring.
Sec. 5. MAYO MEDICAL FOUNDATION
Subdivision 1. Total
Appropriation 1,149,000 1,282,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. Medical School
441,000 455,000
The state of Minnesota shall pay a
capitation of $11,047 in the first year
and $11,378 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
408,000 467,000
The state of Minnesota provides a
capitation of $15,107 in the first year
and $15,560 in the second year for each
student.
Subd. 4. St. Cloud Hospital-Mayo
Family Practice Residency Program
300,000 360,000
This appropriation is to the Mayo
foundation to support 10 resident
physicians in the first year and 12
resident physicians in the second year
in the St. Cloud Hospital-Mayo Family
Practice Residency Program. The
program shall prepare doctors to
practice primary care medicine in the
rural areas of the state. It is
intended that this program will improve
health care in rural communities,
provide affordable access to
appropriate medical care, and manage
the treatment of patients in a more
cost-effective manner.
Sec. 6. POST-SECONDARY SYSTEMS
The legislature intends that the
University of Minnesota and the
Minnesota state colleges and
universities correct technical college
credit transfer problems. The systems,
in conjunction with their campuses and
with faculty and student
representatives, shall convene faculty
task forces in appropriate curricular
areas to determine, within sound
academic standards, which technical
college courses shall transfer to
academic institutions and whether each
course is accepted for general
education, major field, or elective
credit. The task forces shall complete
their work in time to implement changes
for the 1998-1999 academic year. The
systems shall develop mechanisms for
assessing the success of the changes
after they have been implemented and
shall determine whether this process
should be used to update the entire
transfer curriculum, particularly in
light of semester conversion. The
systems shall report on their progress
and recommendations for any further
action as part of the 2000-2001
biennial budget request. By February
1, 1998, the systems shall provide a
brief progress report that includes an
assessment of the feasibility of common
course numbering.
A college or university that
establishes a lab school shall report
to its governing board and the higher
education divisions of the legislature
by February 1, 1999, on all direct and
indirect expenditures related to the
establishment and operation of the
school. The report shall include
documentation of all sources of
financing for these expenses.
The University of Minnesota and the
Minnesota state colleges and
universities shall jointly prepare a
report to be submitted to the higher
education divisions of the legislature
by February 1, 1998, that provides a
detailed review of current and planned
expenditures on information
technology. The plan shall specify the
goals and objectives of the systems and
the campuses in their use of technology
and demonstrate how these goals and
objectives will serve the state's
interest in higher education.
ARTICLE 2
COLLEGE AFFORDABILITY
Section 1. [16A.645] [GOPHER STATE BONDS.]
Subdivision 1. [ESTABLISHMENT OF PROGRAM.] The
commissioner of finance, in consultation with the University of
Minnesota, the Minnesota state colleges and universities, and
the private college council, shall establish a college savings
bond program, to be known as "gopher state bonds" to encourage
individuals to save for higher education costs by investing in
state general obligation bonds. The program consists of: (1)
issuing a portion of the state general obligation bonds in zero
coupon form and in denominations and maturities that will be
attractive to individuals saving to pay for higher education
costs; and (2) developing a program for marketing the bonds to
investors who are saving to pay for higher education costs. The
commissioner of finance may designate all or a portion of each
state general obligation bond sale as "gopher state bonds."
Subd. 2. [DENOMINATIONS; MATURITIES.] The commissioner
shall determine the appropriate denominations and maturities for
gopher state bonds. It is the intent of the legislature to make
bonds available in as small denominations as is feasible given
the costs of marketing and administering the bond issue.
Minimum denominations of $500 must be made available. The
minimum denomination bonds need not be made available for bonds
of all maturities. For purposes of this section, "denomination"
means the compounded maturity amount of the bond.
Subd. 3. [DIRECT SALE PERMITTED.] Notwithstanding the
provisions of section 16A.646, subdivision 5, the commissioner
may sell any series of gopher state bonds directly to the public
or to financial institutions for prompt resale to the public
upon the terms and conditions and the restrictions the
commissioner prescribes. The commissioner may enter into all
contracts deemed necessary or desirable to accomplish the sale
in a cost-effective manner including a private or negotiated
sale, but the commissioner may contract for investment banking
and banking services only after receiving competitive proposals
for the services.
Subd. 4. [MARKETING PLAN.] The commissioner and the higher
education advisory council shall develop a plan for marketing
gopher state bonds.
The plan must include strategies to:
(1) inform parents and relatives about the availability of
the bonds;
(2) take orders for the bonds;
(3) target the sale of the bonds to Minnesota residents,
especially parents and relatives of children who are likely to
seek higher education;
(4) ensure that purchase of the bonds by corporations will
not prevent individuals and relatives of future students from
buying them; and
(5) market the bonds at the lowest cost to the state.
Subd. 5. [EFFECT ON STUDENT GRANTS.] The first $25,000 of
gopher state bonds purchased for the benefit of a student must
not be considered in determining the financial need of an
applicant for the state grant program under section 136A.121.
This $25,000 is in addition to any other asset exclusion
authorized under chapter 136A.
Sec. 2. [16A.646] [ZERO COUPON BONDS.]
Subdivision 1. [AUTHORITY TO ISSUE.] When authorized by
law to issue state general obligation bonds, the commissioner
may issue all or part of the bonds as serial maturity bonds or
as zero coupon bonds or a combination of the two.
Subd. 2. [DEFINITIONS.] For purposes of this section and
section 16A.645, the following terms have the meanings given
them.
(a) "Compounded maturity" means the amount of principal and
interest payable at maturity on zero coupon bonds.
(b) "Serial maturity bonds" means bonds maturing on a
specified day in two or more consecutive years and bearing
interest at a specified rate payable periodically to maturity or
prior redemption.
(c) "Zero coupon bonds" means bonds in a stated principal
amount, maturing on a specified date or dates, and bearing
interest that accrues and compounds to and is payable only at
maturity or upon prior redemption of the bonds.
Subd. 3. [METHOD OF SALE; PRINCIPAL AMOUNT.] Except as
otherwise provided by this section or section 16A.645, any
series of bonds including zero coupon bonds must be issued and
sold under the provisions of section 16A.641. The stated
principal amount of zero coupon bonds must be used to determine
the principal amount of bonds issued under the laws authorizing
issuance of state general obligation bonds.
Subd. 4. [SINKING FUND.] The commissioner's order
authorizing the issuance of zero coupon bonds shall establish a
separate sinking fund account for the zero coupon bonds in the
state bond fund. There is annually appropriated from the
general fund to each zero coupon bond account, beginning in the
year in which the zero coupon bonds are issued, an amount not
less than the sum of:
(1) the total stated principal amount of the zero coupon
bonds that would have matured from their date of issue to and
including the second July 1 following the transfer of
appropriated money, if the bonds matured serially in an equal
principal amount in each year during their term and in the same
month as their stated maturity date; plus
(2) the total amount of interest accruing on the stated
principal amount of the bonds and on interest previously
accrued, from bonds date of issue to and including the second
July 1 following the transfer of appropriated money; less
(3) the amount in the sinking fund account for the payment
of the compounded maturity amount of the bonds, including
interest earnings on amounts in the account. This appropriation
is in lieu of all other appropriations made with respect to zero
coupon bonds. The appropriated amounts must be transferred from
the general fund to the sinking fund account in the state bond
fund by December 1 of each year.
Subd. 5. [SALE.] Except as otherwise provided in section
16A.645, zero coupon bonds, or a series of bonds including zero
coupon bonds, must be sold at public sale at a price not less
than 98 percent of their stated principal amount. No state
trunk highway bond may be sold for a price of less than par and
accrued interest.
Sec. 3. Minnesota Statutes 1996, section 136A.101, is
amended by adding a subdivision to read:
Subd. 5a. [ASSIGNED FAMILY RESPONSIBILITY.] "Assigned
family responsibility" means the amount of a family contribution
to a student's cost of attendance, as determined by a federal
need analysis, except that, beginning for the 1998-1999 academic
year, up to $25,000 in savings and other assets shall be
subtracted from the federal calculation of net worth before
determining the contribution. For dependent students, the
assigned family responsibility is the parental contribution.
For independent students with dependents other than a spouse,
the assigned family responsibility is the student contribution.
For independent students without dependents other than a spouse,
the assigned family responsibility is 80 percent of the student
contribution.
Sec. 4. Minnesota Statutes 1996, section 136A.121,
subdivision 5, is amended to read:
Subd. 5. [GRANT STIPENDS.] The grant stipend shall be
based on a sharing of responsibility for covering the recognized
cost of attendance by the applicant, the applicant's family, and
the government. The amount of a financial stipend must not
exceed a grant applicant's recognized cost of attendance, as
defined in subdivision 6, after deducting the following:
(1) the assigned student responsibility of at least 50
percent of the cost of attending the institution of the
applicant's choosing;
(2) the assigned family responsibility, as determined by
the federal need analysis, which for (i) dependent students, is
the parental contribution as calculated by the federal need
analysis, and for (ii) independent students, is the student
contribution as determined by the federal need analysis; and as
defined in section 136A.101; and
(3) the amount of a federal Pell grant award for which the
grant applicant is eligible.
The minimum financial stipend is $300 per academic year.
Sec. 5. Minnesota Statutes 1996, section 136A.121,
subdivision 9a, is amended to read:
Subd. 9a. [FULL-YEAR GRANTS.] Students may receive state
grants for four consecutive quarters or three consecutive
semesters during the course of a single fiscal year. In
calculating a state grant for the fourth quarter or third
semester, the office must use the same calculation as it would
for any other term, except that the calculation must subtract
any Pell grant for which a student would be eligible even if the
student has exhausted the Pell grant for that fiscal year.
Sec. 6. Minnesota Statutes 1996, section 136A.125,
subdivision 4, is amended to read:
Subd. 4. [AMOUNT AND LENGTH OF GRANTS.] The amount of a
child care grant must be based on:
(1) the income of the applicant and the applicant's spouse,
if any;
(2) the number in the applicant's family, as defined by the
office; and
(3) the number of eligible children in the applicant's
family.
The maximum award to the applicant shall be $1,700 $2,000
for each eligible child per academic year. The office shall
prepare a chart to show the amount of a grant that will be
awarded per child based on the factors in this subdivision. The
chart shall include a range of income and family size.
Sec. 7. Minnesota Statutes 1996, section 136A.1355, is
amended to read:
136A.1355 [RURAL PHYSICIANS.]
Subdivision 1. [CREATION OF ACCOUNT.] A rural physician
education account is established in the health care access
fund. The higher education services office commissioner shall
use money from the account to establish a loan forgiveness
program for medical students residents agreeing to practice in
designated rural areas, as defined by the commissioner.
Subd. 2. [ELIGIBILITY.] To be eligible to participate in
the program, a prospective physician must submit a letter of
interest to the higher education services office commissioner.
A student or resident who is accepted must sign a contract to
agree to serve at least three of the first five years following
residency in a designated rural area.
Subd. 3. [LOAN FORGIVENESS.] For each fiscal years
beginning on and year after July 1, 1995, the higher education
services office commissioner may accept up to four applicants
who are fourth year medical students, three 12 applicants who
are medical residents, including four applicants who are
pediatric residents, and four six applicants who are family
practice residents, and one applicant who is an two applicants
who are internal medicine resident residents, per fiscal year
for participation in the loan forgiveness program. If
the higher education services office commissioner does not
receive enough applicants per fiscal year to fill the number of
residents in the specific areas of practice, the resident
applicants may be from any area of practice. The eight 12
resident applicants may be in any year of training; however,
priority must be given to the following categories of residents
in descending order: third year residents, second year
residents, and first year residents. Applicants are responsible
for securing their own loans. Applicants chosen to participate
in the loan forgiveness program may designate for each year of
medical school, up to a maximum of four years, an agreed amount,
not to exceed $10,000, as a qualified loan. For each year that
a participant serves as a physician in a designated rural area,
up to a maximum of four years, the higher education services
office commissioner shall annually pay an amount equal to one
year of qualified loans. Participants who move their practice
from one designated rural area to another remain eligible for
loan repayment. In addition, if in any year that a resident
participating in the loan forgiveness program serves at least
four weeks during a year of residency substituting for a rural
physician to temporarily relieve the rural physician of rural
practice commitments to enable the rural physician to take a
vacation, engage in activities outside the practice area, or
otherwise be relieved of rural practice commitments, the
participating resident may designate up to an additional $2,000,
above the $10,000 yearly maximum, for each year of residency
during which the resident substitutes for a rural physician for
four or more weeks.
Subd. 4. [PENALTY FOR NONFULFILLMENT.] If a participant
does not fulfill the required three-year minimum commitment of
service in a designated rural area, the higher education
services office commissioner shall collect from the participant
the amount paid by the commissioner under the loan forgiveness
program. The higher education services office commissioner
shall deposit the money collected in the rural physician
education account established in subdivision 1. The
commissioner shall allow waivers of all or part of the money
owed the commissioner if emergency circumstances prevented
fulfillment of the three-year service commitment.
Subd. 5. [LOAN FORGIVENESS; UNDERSERVED URBAN
COMMUNITIES.] For each fiscal years year beginning on and after
July 1, 1995, the higher education services office commissioner
may accept up to four applicants who are either fourth year
medical students, or residents in family practice, pediatrics,
or internal medicine per fiscal year for participation in the
urban primary care physician loan forgiveness program. The
resident applicants may be in any year of residency training;
however, priority will be given to the following categories of
residents in descending order: third year residents, second
year residents, and first year residents. If the higher
education services office commissioner does not receive enough
qualified applicants per fiscal year to fill the number of slots
for urban underserved communities, the slots may be allocated to
students or residents who have applied for the rural physician
loan forgiveness program in subdivision 1. Applicants are
responsible for securing their own loans. For purposes of this
provision, "qualifying educational loans" are government and
commercial loans for actual costs paid for tuition, reasonable
education expenses, and reasonable living expenses related to
the graduate or undergraduate education of a health care
professional. Applicants chosen to participate in the loan
forgiveness program may designate for each year of medical
school, up to a maximum of four years, an agreed amount, not to
exceed $10,000, as a qualified loan. For each year that a
participant serves as a physician in a designated underserved
urban area, up to a maximum of four years, the higher education
services office commissioner shall annually pay an amount equal
to one year of qualified loans. Participants who move their
practice from one designated underserved urban community to
another remain eligible for loan repayment.
Sec. 8. Minnesota Statutes 1996, section 136A.136,
subdivision 2, is amended to read:
Subd. 2. [RESPONSIBILITY OF METROPOLITAN HEALTHCARE
FOUNDATION'S PROJECT LINC.] The metropolitan healthcare
foundation's project LINC shall administer the grant program and
award grants to eligible health care facility employees. To be
eligible to receive a grant, a person must be:
(1) an employee of a health care facility located in
Minnesota, whom the facility has recommended to the metropolitan
healthcare foundation's project LINC for consideration;
(2) working part time, up to 32 fewer hours than the
person's regular schedule per pay period, for the health care
facility organization, while maintaining full salary and
original benefits and a salary greater than the number of hours
worked;
(3) enrolled full time in a Minnesota school or college of
nursing to complete a baccalaureate or master's degree in
nursing; and
(4) a resident of the state of Minnesota.
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. The grant must be used
for tuition, fees, and books. Priority in awarding grants shall
be given to persons with the greatest financial need. The
health care facility may require its employee to commit to a
reasonable postprogram completion of employment at the health
care facility as a condition for the financial support the
facility provides.
Sec. 9. Minnesota Statutes 1996, section 136A.233,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] For purposes of sections 136A.231
to 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 at least half time 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 services office.
(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 person's residence of the handicapped person or the
person over 65, or a private, for-profit employer employing a
student as an intern in a position directly related to the
student's field of study that will enhance the student's
knowledge and skills in that field.
(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.
(g) "Half-time" for undergraduates has the meaning given in
section 136A.101, subdivision 7b, and for graduate students is
defined by the institution.
Sec. 10. Minnesota Statutes 1996, section 136A.233,
subdivision 3, is amended to read:
Subd. 3. [PAYMENTS.] Work-study payments shall be made to
eligible students by post-secondary institutions as provided in
this subdivision.
(a) Students shall be selected for participation in the
program by the post-secondary institution on the basis of
student financial need.
(b) 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) The office 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.
(h) An institution may use up to 30 percent of its
allocation for student internships with private, for-profit
employers.
Sec. 11. Minnesota Statutes 1996, section 136A.233, is
amended by adding a subdivision to read:
Subd. 4. [COOPERATION WITH LOCAL SCHOOLS.] Each campus
using the state work study program is encouraged to cooperate
with its local public elementary and secondary schools to place
college work study students in activities in the schools, such
as tutoring. Students must be placed in meaningful activities
that directly assist students in kindergarten through grade 12
in meeting graduation standards including the profiles of
learning. College students shall work under direct supervision;
therefore, school hiring authorities are not required to request
criminal background checks on these students under section
120.1045.
Sec. 12. [136A.241] [EDVEST PROGRAM ESTABLISHED.]
An EdVest savings program is established. In establishing
this program, the legislature seeks to encourage individuals to
save for post-secondary education by:
(1) providing a qualified state tuition program under
federal tax law;
(2) providing matching grants for contributions to the
program by low- and middle-income families; and
(3) by encouraging individuals, foundations, and businesses
to provide additional grants to participating students.
Sec. 13. [136A.242] [DEFINITIONS.]
Subdivision 1. [GENERAL.] For purposes of sections
136A.241 to 136A.245, the following terms have the meanings
given.
Subd. 2. [ADJUSTED GROSS INCOME.] "Adjusted gross income"
means adjusted gross income as defined in section 62 of the
Internal Revenue Code.
Subd. 3. [BENEFICIARY.] "Beneficiary" means the designated
beneficiary for the account, as defined in section 529(e)(1) of
the Internal Revenue Code.
Subd. 4. [BOARD.] "Board" means the state board of
investment.
Subd. 5. [DIRECTOR.] "Director" means the director of the
higher education services office.
Subd. 6. [EXECUTIVE DIRECTOR.] "Executive director" means
the executive director of the state board of investment.
Subd. 7. [INTERNAL REVENUE CODE.] "Internal Revenue Code"
means the Internal Revenue Code of 1986, as amended.
Subd. 8. [OFFICE.] "Office" means the higher education
services office.
Subd. 9. [PROGRAM.] "Program" or "EdVest" refers to the
program established under sections 136A.241 to 136A.245.
Sec. 14. [136A.243] [HIGHER EDUCATION SERVICES OFFICE.]
Subdivision 1. [RESPONSIBILITIES.] (a) The director shall
establish the rules, terms, and conditions for the program,
subject to the requirements of sections 136A.241 to 136A.245.
(b) The director shall prescribe the application forms,
procedures, and other requirements that apply to the program.
Subd. 2. [ACCOUNTS-TYPE PROGRAM.] The office must
establish the program and the program must be operated as an
accounts-type program that permits individuals to save for
qualified higher education costs incurred at any institution,
regardless of whether it is private or public or whether it is
located within or outside of this state. A separate account
must be maintained for each beneficiary for whom contributions
are made.
Subd. 3. [CONSULTATION WITH STATE BOARD OF INVESTMENT.] In
designing and establishing the program's requirements and in
negotiating or entering contracts with third parties under
subdivision 8, the director shall consult with the executive
director.
Subd. 4. [PROGRAM TO COMPLY WITH FEDERAL LAW.] The
director shall take steps to ensure that the program meets the
requirements for a qualified state tuition program under section
529 of the Internal Revenue Code. The director may request a
private letter ruling or rulings from the Internal Revenue
Service or take any other steps to ensure that the program
qualifies under section 529 of the Internal Revenue Code or
other relevant provisions of federal law.
Subd. 5. [MINIMUM PENALTY.] In establishing the terms of
the program, the office must provide that refunds of amounts in
an account are subject to a minimum penalty, as required by
section 529(b)(3) of the Internal Revenue Code. If the refunds
or payments are not used for qualified higher education expenses
of the designated beneficiary, this penalty must equal, at
least, the proportionate amount of any matching grants deposited
in the account under section 136A.245 and the investment return
on the grants, plus an additional penalty that meets the
requirement of federal law.
Subd. 6. [THREE-YEAR PERIOD FOR WITHDRAWAL OF GRANTS.] A
matching grant deposited in the account under section 136A.245
may not be withdrawn within three years of the establishment of
the account of the beneficiary. In calculating the three-year
period, the period held in another account is included, if the
account includes a rollover from another account under section
529(c)(3)(C) of the Internal Revenue Code.
Subd. 7. [MARKETING.] The director shall make parents and
other interested individuals aware of the availability and
advantages of the program as a way to save for higher education
costs. The cost of these promotional efforts must be paid
entirely from state general fund appropriations and may not be
funded with fees imposed on participants.
Subd. 8. [ADMINISTRATION.] The director shall administer
the program, including accepting and processing applications,
maintaining account records, making payments, making matching
grants under section 136A.245, and undertaking any other
necessary tasks to administer the program. The office may
contract with one or more third parties to carry out some or all
of these administrative duties, including promotion and
marketing of the program. The office and the board may jointly
contract with third-party providers, if the office and board
determine that it is desirable to contract with the same entity
or entities for administration and investment management.
Subd. 9. [AUTHORITY TO IMPOSE FEES.] The office may impose
fees on participants in the program to recover the costs of
administration. The office must use its best efforts to keep
these fees as low as possible, consistent with efficient
administration, so that the returns on savings invested in the
program will be as high as possible.
Sec. 15. [136A.244] [INVESTMENT OF ACCOUNTS.]
Subdivision 1. [STATE BOARD TO INVEST.] The state board of
investment shall invest the money deposited in accounts in the
program.
Subd. 2. [PERMITTED INVESTMENTS.] The board may invest the
accounts in any permitted investment under section 11A.24.
Subd. 3. [CONTRACTING AUTHORITY.] The board may contract
with one or more third parties for investment management,
recordkeeping, or other services in connection with investing
the accounts. The board and office may jointly contract with
third-party providers, if the office and board determine that it
is desirable to contract with the same entity or entities for
administration and investment management.
Subd. 4. [FEES.] The board may impose fees on participants
in the program to recover the cost of investment management and
related tasks for the program. The board must use its best
efforts to keep these fees as low as possible, consistent with
high quality investment management, so that the returns on
savings invested in the program will be as high as possible.
Sec. 16. [136A.245] [MATCHING GRANTS.]
Subdivision 1. [MATCHING GRANT QUALIFICATION.] By March 1
of each year, a state matching grant must be added to each
account established under the program if the following
conditions are met:
(1) the contributor applies, in writing in a form
prescribed by the director, for a matching grant;
(2) a minimum contribution of $200 was made during the
preceding calendar year; and
(3) the family income of the beneficiary did not exceed
$80,000.
Subd. 2. [FAMILY INCOME.] For purposes of this section,
"family income" means:
(1) if the beneficiary is under age 25, the combined
adjusted gross income of the beneficiary's parents as reported
on the federal tax return or returns for the most recently
available tax year; or
(2) if the beneficiary is age 25 or older, the combined
adjusted gross income of the beneficiary and spouse, if any.
Subd. 3. [AMOUNT OF MATCHING GRANT.] The amount of the
matching grant for a beneficiary equals:
(1) if the beneficiary's family income is $50,000 or less,
15 percent of the sum of the contributions made to the
beneficiary's account during the calendar year, not to exceed
$300; and
(2) if the beneficiary's family income is more than $50,000
but not more than $80,000, five percent of the sum of the
contributions made to the beneficiary's account during the
calendar year, not to exceed $300.
Subd. 4. [BUDGET LIMIT.] If the total amount of matching
grants determined under subdivision 3 exceeds the amount of the
appropriation for the fiscal year, the director shall
proportionately reduce each grant so that the total equals the
available appropriation.
Subd. 5. [COORDINATION WITH DEPARTMENT OF REVENUE.] In
administering matching grants, the director may require that
applicants submit sufficient information to determine whether
the beneficiary qualifies for a grant, including the Social
Security numbers, family income information, and any other
information the director determines necessary. The applicant or
applicants may authorize the director to request information
from the commissioner of revenue to verify eligibility for a
grant from tax information on file with the commissioner or
obtained from the Internal Revenue Service. If this method is
used and the taxpayer has authorized a release of the
information to the director, the commissioner of revenue may
verify that the beneficiary is eligible for a grant at a
specified rate and maximum and disclose that information to the
director, notwithstanding the provisions of chapter 270B.
Subd. 6. [PRIVATE CONTRIBUTIONS.] (a) The office may
solicit and accept contributions from private corporations,
other businesses, foundations, or individuals to provide:
(1) matching grants under this section in addition to those
funded with direct appropriations; or
(2) grants to students who withdraw money from accounts
established under the program.
(b) Amounts contributed may only be used for those
purposes. Amounts contributed are appropriated to the director
to make grants.
(c) Contributors may designate a specific field of study,
geographic area, or other criteria that govern use of the grants
funded with their contributions, but may not discriminate on the
basis of race, ethnicity, or gender. The office may refuse
contributions that are subject, in the judgment of the director,
to unacceptable conditions on their use.
Sec. 17. Minnesota Statutes 1996, section 181.06,
subdivision 2, is amended to read:
Subd. 2. [PAYROLL DEDUCTIONS.] A written contract may be
entered into between an employer and an employee wherein the
employee authorizes the employer to make payroll deductions for
the purpose of paying union dues, premiums of any life
insurance, hospitalization and surgical insurance, group
accident and health insurance, group term life insurance, group
annuities or contributions to credit unions or a community chest
fund, a local arts council, a local science council or a local
arts and science council, or Minnesota benefit association, a
federally or state registered political action committee, or
participation in any employee stock purchase plan or savings
plan for periods longer than 60 days, including gopher state
bonds established under section 16A.645.
Sec. 18. [STUDENT FEES.]
By December 1, 1998, the higher education services office
shall provide information to the public post-secondary boards
advising them how to maximize financial aid when establishing
student fees.
Sec. 19. [NATIONAL SERVICE SCHOLARS PROGRAM.]
A national service scholars program is established under
the administration of the higher education services office to
match scholarship grants made under the National Service
Scholars program of the Corporation for National Service to
students attending Minnesota high schools and who will attend a
Minnesota post-secondary institution. Not more than one
matching grant of $500 may be made for each high school per
year. The state money shall be available until June 30, 1999,
if federal money is available.
Sec. 20. [REVISOR'S INSTRUCTION.]
The revisor of statutes shall renumber Minnesota Statutes,
section 136A.1355, in an appropriate place in Minnesota
Statutes, chapter 144.
Sec. 21. [EFFECTIVE DATE.]
Section 5 is effective the day following final enactment.
Sections 1, 2, and 17 are effective for the sale of general
obligation bonds after July 1, 1998.
ARTICLE 3
OTHER PROVISIONS
Section 1. Minnesota Statutes 1996, section 16A.69,
subdivision 2, is amended to read:
Subd. 2. [TRANSFER BETWEEN ACCOUNTS.] Upon the awarding of
final contracts for the completion of a project for construction
or other permanent improvement, or upon the abandonment of the
project, the agency to whom the appropriation was made may
transfer the unencumbered balance in the project account to
another project enumerated in the same section of that
appropriation act. The transfer must be made only to cover bids
for the other project that were higher than was estimated when
the appropriation for the other project was made and not to
cover an expansion of the other project. The money transferred
under this section is appropriated for the purposes for which
transferred. For transfers for technical colleges by the state
board of technical of trustees of the Minnesota state colleges
and universities, the total cost of both projects and the
required local share for both projects are adjusted
accordingly. The agency proposing a transfer shall report to
the chair of the senate finance committee and the chair of the
house of representatives ways and means committee before the
transfer is made under this subdivision.
Sec. 2. [41D.01] [MINNESOTA AGRICULTURE EDUCATION
LEADERSHIP COUNCIL.]
Subdivision 1. [ESTABLISHMENT; MEMBERSHIP.] The Minnesota
agriculture education leadership council is established. The
council is composed of 16 members as follows:
(1) the chair of the University of Minnesota agricultural
education program;
(2) a representative of the commissioner of children,
families, and learning;
(3) a representative of the Minnesota state colleges and
universities recommended by the chancellor;
(4) the president and the president-elect of the Minnesota
vocational agriculture instructors association;
(5) a representative of the Future Farmers of America
Foundation;
(6) a representative of the commissioner of agriculture;
(7) the dean of the college of agriculture, food, and
environmental sciences at the University of Minnesota;
(8) two members representing agriculture education and
agriculture business appointed by the governor;
(9) the chair of the senate committee on agriculture and
rural development;
(10) the chair of the house committee on agriculture;
(11) the ranking minority member of the senate committee on
agriculture and rural development, and a member of the senate
committee on children, families and learning designated by the
subcommittee on committees of the committee on rules and
administration; and
(12) the ranking minority member of the house agriculture
committee, and a member of the house education committee
designated by the speaker.
Subd. 2. [POWERS AND DUTIES.] Specific powers and duties
of the council are to:
(1) develop recommendations to the legislature and the
governor and provide review for agriculture education programs
in Minnesota;
(2) establish a grant program to foster and encourage the
development of secondary and post-secondary agriculture
education programs;
(3) coordinate and articulate Minnesota's agriculture
education policy across all programs and institutions;
(4) identify the critical needs for agriculture educators;
(5) serve as a link between the agribusiness sector and the
agriculture education system to communicate mutual concerns,
needs, and projections;
(6) establish and maintain an increased awareness of
agriculture education and its continued need to all citizens of
Minnesota;
(7) operate the Minnesota center for agriculture education
created in section 41D.03;
(8) gain broad public support for agriculture education in
Minnesota; and
(9) report annually on its activities to the senate
agriculture and rural development committee and the house
agriculture committee.
Subd. 3. [COUNCIL OFFICERS; TERMS AND COMPENSATION OF
APPOINTEES; STAFF.] (a) The chair of the senate agriculture and
rural development committee and the chair of the house
agriculture committee are the cochairs of the council.
(b) The council's membership terms, compensation, filling
of vacancies, and removal of members are as provided in section
15.0575.
(c) The council may employ an executive director and any
other staff to carry out its functions.
Subd. 4. [EXPIRATION.] This section expires on June 30,
2002.
Sec. 3. [41D.02] [AGRICULTURE EDUCATION GRANT PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] The Minnesota agriculture
education leadership council shall establish a program to
provide grants under subdivisions 2 and 3 to educational
institutions and other appropriate entities for secondary and
post-secondary agriculture education programs.
Subd. 2. [SECONDARY AGRICULTURAL EDUCATION.] The council
may provide grants for:
(1) planning and establishment costs for secondary
agriculture education programs;
(2) new instructional and communication technologies; and
(3) curriculum updates.
Subd. 3. [POST-SECONDARY EDUCATION.] The council may
provide grants for:
(1) new instructional and communication technologies; and
(2) special project funding, including programming,
in-service training, and support staff.
Sec. 4. [41D.03] [MINNESOTA CENTER FOR AGRICULTURE
EDUCATION.]
Subdivision 1. [GOVERNANCE.] The Minnesota center for
agriculture education is governed by the Minnesota agriculture
education leadership council.
Subd. 2. [POWERS AND DUTIES OF COUNCIL.] (a) The council
has the powers necessary for the care, management, and control
of the Minnesota center for agriculture education and all its
real and personal property. The powers shall include, but are
not limited to, those listed in this subdivision.
(b) The council may employ necessary employees, and
contract for other services to ensure the efficient operation of
the center for agriculture education.
(c) The council may receive and award grants. The council
may establish a charitable foundation and accept, in trust or
otherwise, any gift, grant, bequest, or devise for educational
purposes and hold, manage, invest, and dispose of them and the
proceeds and income of them according to the terms and
conditions of the gift, grant, bequest, or devise and its
acceptance. The council shall adopt internal procedures to
administer and monitor aids and grants.
(d) The council may establish or coordinate evening,
continuing education, and summer programs for teachers and
pupils.
(e) The council may determine the location for the
Minnesota center for agriculture education and any additional
facilities related to the center, including the authority to
lease a temporary facility.
(f) The council may enter into contracts with other public
and private agencies and institutions for building maintenance
services if it determines that these services could be provided
more efficiently and less expensively by a contractor than by
the council itself. The council may also enter into contracts
with public or private agencies and institutions, school
districts or combinations of school districts, or educational
cooperative service units to provide supplemental educational
instruction and services.
Subd. 3. [CENTER ACCOUNT.] There is established in the
state treasury a center for agriculture education account in the
special revenue fund. All money collected by the council,
including rental income, shall be deposited in the account.
Money in the account, including interest earned, is appropriated
to the council for the operation of its services and programs.
Subd. 4. [EMPLOYEES.] (a) The council shall employ persons
who shall serve in the unclassified service.
(b) The employees hired under this subdivision and any
other necessary employees hired by the council shall be state
employees in the executive branch.
Subd. 5. [POLICIES.] The council may adopt administrative
policies about the operation of the center.
Subd. 6. [PUBLIC POST-SECONDARY INSTITUTIONS; PROVIDING
SPACE.] Public post-secondary institutions shall provide space
for the Minnesota center for agriculture education at a
reasonable cost to the center to the extent that space is
available at the public post-secondary institutions.
Subd. 7. [PURCHASING INSTRUCTIONAL ITEMS.] Technical
educational equipment may be procured for programs of the
Minnesota center for agriculture education by the council either
by brand designation or in accordance with standards and
specifications the council may adopt, notwithstanding chapter
16B.
Sec. 5. [41D.04] [RESOURCE, MAGNET, AND OUTREACH
PROGRAMS.]
Subdivision 1. [RESOURCE AND OUTREACH.] The center shall
offer resource and outreach programs and services statewide
aimed at the enhancement of agriculture education opportunities
for pupils in elementary and secondary school.
Subd. 2. [CENTER RESPONSIBILITIES.] The center shall:
(1) provide information and technical services to
agriculture teachers, professional agriculture organizations,
school districts, and the department of children, families, and
learning;
(2) gather and conduct research in agriculture education;
(3) design and promote agriculture education opportunities
for all Minnesota pupils in elementary and secondary schools;
and
(4) serve as liaison for the department of children,
families, and learning to national organizations for agriculture
education.
Sec. 6. Minnesota Statutes 1996, section 125.1385,
subdivision 2, is amended to read:
Subd. 2. [COMPENSATION.] State money for faculty exchange
programs is to compensate for expenses that are unavoidable and
beyond the normal living expenses exchange participants would
incur if they were not involved in this exchange. The state
university board of trustees of the Minnesota state colleges and
universities, the board of regents, or of the University of
Minnesota, and their respective campuses, in conjunction with
the participating school districts, must control costs for all
participants as much as possible, through means such as
arranging housing exchanges, providing campus housing, and
providing university, state, or school district cars for
transportation. The boards and campuses may seek other sources
of funding to supplement these appropriations, if necessary.
Sec. 7. Minnesota Statutes 1996, section 126.56,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBLE STUDENT.] To be eligible for a
scholarship, a student shall:
(1) be a United States citizen or permanent resident of the
United States;
(2) be a resident of Minnesota;
(3) attend an eligible program;
(4) have completed at least one year of secondary school
but not have graduated from high school;
(5) have earned at least a B average or its equivalent
during the semester or quarter prior to application, or have
earned at least a B average or its equivalent during the
semester or quarter prior to application in the academic subject
area applicable to the summer program the student wishes to
attend; and
(6) demonstrate need for financial assistance; and
(7) be 19 years of age or younger.
Sec. 8. Minnesota Statutes 1996, section 126.56,
subdivision 4a, is amended to read:
Subd. 4a. [ELIGIBLE PROGRAMS.] A scholarship may be used
only for an eligible program. To be eligible, a program must:
(1) provide, as its primary purpose, academic instruction
for student enrichment in curricular areas including, but not
limited to, communications, humanities, social studies, social
science, science, mathematics, art, or foreign languages;
(2) not be offered for credit to post-secondary students;
(3) not provide remedial instruction;
(4) meet any other program requirements established by the
state board of education and the higher education services
office; and
(5) be approved by the commissioner director of the higher
education services office.
Sec. 9. Minnesota Statutes 1996, section 126.56,
subdivision 7, is amended to read:
Subd. 7. [ADMINISTRATION.] The higher education services
office and commissioner shall determine the time and manner for
scholarship applications, awards, and program approval.
Sec. 10. Minnesota Statutes 1996, section 135A.052,
subdivision 1, is amended to read:
Subdivision 1. [STATEMENT OF MISSIONS.] The legislature
recognizes each type of public post-secondary system institution
to have a distinctive mission within the overall provision of
public higher education in the state and a responsibility to
cooperate with the each other systems. These missions are as
follows:
(1) the technical college system colleges shall offer
vocational training and education to prepare students for
skilled occupations that do not require a baccalaureate degree;
(2) the community college system colleges shall offer lower
division instruction in academic programs, occupational programs
in which all credits earned will be accepted for transfer to a
baccalaureate degree in the same field of study, and remedial
studies, for students transferring to baccalaureate institutions
and for those seeking associate degrees;
(3) consolidated community technical colleges shall offer
the same types of instruction, programs, certificates, diplomas,
and degrees as the technical colleges and community colleges
offer;
(4) the state university system universities shall offer
undergraduate and graduate instruction through the master's
degree, including specialist certificates, in the liberal arts
and sciences and professional education; and
(4) (5) the University of Minnesota shall offer
undergraduate, graduate, and professional instruction through
the doctoral degree, and shall be the primary state supported
academic agency for research and extension services.
It is part of the mission of each system that within the
system's resources the system's governing board and chancellor
or president shall endeavor to:
(a) prevent the waste or unnecessary spending of public
money;
(b) use innovative fiscal and human resource practices to
manage the state's resources and operate the system as
efficiently as possible;
(c) coordinate the system's activities wherever appropriate
with the activities of the other systems system and governmental
agencies;
(d) use technology where appropriate to increase system
productivity, improve customer service, increase public access
to information about the system, and increase public
participation in the business of the system;
(e) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A; and
(f) recommend to the legislature appropriate changes in law
necessary to carry out the mission of the system.
Sec. 11. Minnesota Statutes 1996, section 136A.03, is
amended to read:
136A.03 [EXECUTIVE OFFICERS; EMPLOYEES.]
The director of the higher education services office shall
possess the powers and perform the duties as prescribed by the
higher education services council and shall serve in the
unclassified service of the state civil service. The director,
or the director's designated representative, on behalf of the
office is authorized to sign contracts and execute all
instruments necessary or appropriate to carry out the purposes
of sections 136A.01 to 136A.178 for the office. The salary of
the director shall be established by the higher education
services council according to section 15A.081, subdivision 1.
The director shall be a person qualified by training or
experience in the field of higher education or in financial aid
administration. The director may appoint other professional
employees who shall serve in the unclassified service of the
state civil service. All other employees shall be in the
classified civil service.
An officer or professional employee in the unclassified
service as provided in this section is a person who has studied
higher education or a related field at the graduate level or has
similar experience and who is qualified for a career in
financial aid and other aspects of higher education and for
activities in keeping with the planning and administrative
responsibilities of the office and who is appointed to assume
responsibility for administration of educational programs or
research in matters of higher education.
Sec. 12. Minnesota Statutes 1996, section 136A.16,
subdivision 8, is amended to read:
Subd. 8. Money made available to the office that is not
immediately needed for the purposes of sections 136A.15 to
136A.1702 may be invested by the office. The money must be
invested in bonds, certificates of indebtedness, and other fixed
income securities, except preferred stocks, which are legal
investments for the permanent school fund. The money may also
be invested in prime quality commercial paper that is eligible
for investment in the state employees retirement fund. All
interest and profits from such investments inure to the benefit
of the office or may be pledged for security of bonds issued by
the office or its predecessor, the Minnesota higher education
coordinating board.
Sec. 13. Minnesota Statutes 1996, section 136A.16, is
amended by adding a subdivision to read:
Subd. 13. The office may sue and be sued.
Sec. 14. Minnesota Statutes 1996, section 136A.16, is
amended by adding a subdivision to read:
Subd. 14. The office may sell at public or private sale,
at the price or prices determined by the office, any note or
other instrument or obligation evidencing or securing a loan
made by the office or its predecessor, the Minnesota higher
education coordinating board.
Sec. 15. Minnesota Statutes 1996, section 136A.16, is
amended by adding a subdivision to read:
Subd. 15. The office may obtain municipal bond insurance,
letters of credit, surety obligations, or similar agreements
from financial institutions.
Sec. 16. Minnesota Statutes 1996, section 136A.171, is
amended to read:
136A.171 [REVENUE BONDS; ISSUANCE; PROCEEDS.]
The higher education services office may issue revenue
bonds to obtain funds for loans made in accordance with the
provisions of this chapter. The aggregate amount of revenue
bonds, issued directly by the office, outstanding at any one
time, not including refunded bonds or otherwise defeased or
discharged bonds, shall not exceed $550,000,000. Proceeds from
the issuance of bonds may be held and invested by the office
pending disbursement in the form of loans. All interest and
profits from the investments shall inure to the benefit of the
office and shall be available to the board office for the same
purposes as the proceeds from the sale of revenue bonds
including, but not limited to, costs incurred in administering
loans under this chapter and loan reserve funds.
Sec. 17. Minnesota Statutes 1996, section 136A.173,
subdivision 3, is amended to read:
Subd. 3. The revenue bonds may be issued as serial bonds
or as term bonds, or the office, in its discretion, may issue
bonds of both types. The revenue bonds shall be authorized by
resolution of the members director of the office and shall bear
such date or dates, mature at such time or times, not exceeding
50 years from their respective dates, bear interest at such rate
or rates, payable at such time or times, be in denominations, be
in such form, either coupon or registered, carry such
registration privileges, be executed in such manner, be payable
in lawful money of the United States of America at such place or
places, and be subject to such terms of redemption, as such
resolution or resolutions may provide. The revenue bonds or
notes may be sold at public or private sale for such price or
prices as the office shall determine. Pending preparation of
the definitive bonds, the office may issue interim receipts or
certificates which shall be exchanged for such definite bonds.
Sec. 18. Minnesota Statutes 1996, section 136A.29,
subdivision 9, is amended to read:
Subd. 9. The authority is authorized and empowered to
issue revenue bonds whose aggregate principal amount at any time
shall not exceed $350,000,000 $500,000,000 and to issue notes,
bond anticipation notes, and revenue refunding bonds of the
authority under the provisions of sections 136A.25 to 136A.42,
to provide funds for acquiring, constructing, reconstructing,
enlarging, remodeling, renovating, improving, furnishing, or
equipping one or more projects or parts thereof.
Sec. 19. Minnesota Statutes 1996, section 136F.28,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] For the purpose of this
section, the following terms have the meaning given to them:
(a) "Southwest Asia veteran" means a person who:
(1) served in the active military service in any branch of
the armed forces of the United States any time between August 1,
1990, and February 27, 1992;
(2) became eligible for the Southwest Asia Service Medal as
a result of the service;
(3) was a Minnesota resident at the time of induction into
the armed forces and for the one year immediately preceding
induction; and
(4) has been separated or discharged from active military
service under conditions other than dishonorable.
(b) "Technical college" means a technical college or
consolidated community technical college under the governance of
the Minnesota state colleges and universities.
Sec. 20. Minnesota Statutes 1996, section 136F.32, is
amended to read:
136F.32 [DEGREES; DIPLOMAS; CERTIFICATES.]
Subdivision 1. [APPROVAL.] The board may approve awarding
of appropriate certificates, diplomas, or degrees to persons who
complete a prescribed curriculum.
Subd. 2. [TECHNICAL AND CONSOLIDATED TECHNICAL
COLLEGES.] A technical college or consolidated technical
community college shall offer students the option of pursuing
diplomas and certificates in each technical education program,
unless the board determines that this is not practicable for
certain programs. All credits earned for a diploma or
certificate shall be applicable toward any available degree in
the same program.
Sec. 21. Minnesota Statutes 1996, section 136F.49, is
amended to read:
136F.49 [LICENSURE.]
The board may shall adopt policies for licensure of
teaching personnel in technical colleges and for vocational
technical instructors teaching outside the Minnesota state
colleges and universities system. The board may establish a
processing fee for the issuance, renewal, or extension of a
license.
Sec. 22. Minnesota Statutes 1996, section 136F.581,
subdivision 2, is amended to read:
Subd. 2. [POLICIES AND PROCEDURES.] The board shall
develop policies, and each college and university shall develop
procedures, for purchases and contracts that are consistent with
subdivision 1. The policies and procedures shall be developed
through the system and campus labor management committees and
shall include provisions requiring the system and campuses to
determine that they cannot use available staff before
contracting with additional outside consultants or services. In
addition, each college and university, in consultation with the
system office, shall develop procedures for those purchases and
contracts that can be accomplished by a college and university
without board approval. The board policies must allow each
college and university the local authority to enter into
contracts for construction projects of up to $250,000 and to
make other purchases of up to $50,000, without receiving board
approval. The board may allow a college or university local
authority to make purchases over $50,000 without receiving board
approval.
Sec. 23. Minnesota Statutes 1996, section 136F.72,
subdivision 1, is amended to read:
Subdivision 1. [ACTIVITY FUNDS.] The board may establish
in each state college and university a fund to be known as the
activity fund. The purpose of these funds shall be to provide
for the administration of state college and university
activities designed for student recreational, social, welfare,
and educational pursuits supplemental to the regular curricular
offerings. The activity funds shall encompass accounts for
student activities, student health services authorized college
and university agencies, authorized auxiliary
enterprises, federal, state, and private student loans financial
aid, gifts and endowments, and other accounts as the board may
prescribe.
Sec. 24. Minnesota Statutes 1996, section 136F.80, is
amended to read:
136F.80 [GRANTS; GIFTS; BEQUESTS; DEVISES; ENDOWMENTS.]
Subdivision 1. [RECEIPT AND ACCEPTANCE.] The board may
apply for, receive, and accept on behalf of the state and for
the benefit of any state college or university any grant, gift,
bequest, devise, or endowment that any person, firm,
corporation, foundation, or association, or government agency
may make to the board for the purposes of the state colleges and
universities, or any federal, state, or private money made
available for the purpose of providing student financial aid at
the state colleges and universities. The board may use any
money given to it or to any of the state colleges and
universities consistent with the terms and conditions under
which the money was received and for the purposes stated. All
moneys received under this subdivision are appropriated to the
board for use in the colleges and universities and shall be
administered within the college and university activity funds.
These moneys shall not be taken into account in determining
appropriations or allocations. All taxes and special
assessments constituting a lien on any real property received
and accepted by the board under this section shall be paid in
full before title is transferred to the state.
Subd. 2. [DEPOSIT OF MONEY.] The board shall provide by
policy, in accordance with provisions of chapter 118 118A, for
the deposit of all money received or referred to under this
section. Whenever the board shall by resolution determine that
there are moneys in the state college or university funds not
currently needed, the board may by resolution authorize and
direct the president of the college or university to invest a
specified amount in securities as are duly authorized as legal
investments for savings banks and trust companies. Securities
so purchased shall be deposited and held for the board by any
bank or trust company authorized to do a banking business in
this state. Notwithstanding the provisions of chapter 118 118A,
the state board of investment may invest assets of the board,
colleges, and universities when requested by the board, college,
or university.
Sec. 25. [136F.81] [TRANSFER OF GIFTS.]
A college or university that receives a gift or bequest
that is intended for purposes performed by a foundation approved
under section 136F.46 may transfer the money to its foundation,
provided the money is used only for public purposes.
Sec. 26. Minnesota Statutes 1996, section 137.022,
subdivision 2, is amended to read:
Subd. 2. [INCOME.] The All income from the permanent
university fund is appropriated annually to the board of
regents. Authority over this income is vested solely in the
board but must be used by the board directly to enhance the
mission of the university. This appropriation of income must
not be used to reduce other appropriations made to the board of
regents. The determination of this income shall be based on the
procedures detailed in section 11A.16, subdivision 5, or 11A.12,
subdivision 2.
Sec. 27. Minnesota Statutes 1996, section 216C.27,
subdivision 7, is amended to read:
Subd. 7. [BUILDING EVALUATORS.] The commissioner shall
certify evaluators in each county of the state who are qualified
to determine the compliance of a residence with applicable
energy efficiency standards. The commissioner shall, by rule
pursuant to chapter 14, adopt standards for the certification
and performance of evaluators and set a fee for the
certification of evaluators which is sufficient to cover the
ongoing costs of the program once it is established. The
commissioner shall encourage the certification of existing
groups of trained municipal personnel and qualified individuals
from community-based organizations and public service
organizations. Each certified evaluator shall, on request of
the owner, inspect any residence and report the degree to which
it complies with applicable energy efficiency standards
established pursuant to subdivision 1. The inspections shall be
made within 30 days of the request. The commissioner shall
enter into an agreement with the department of children,
families, and learning board of trustees of the Minnesota state
colleges and universities for the provision of evaluator
training through at institutions that offer the technical
colleges training. The commissioner may contract with
the technical colleges board to reduce the training costs to the
students. The commissioner may eliminate the examination fee
for persons seeking upgraded certificates. The commissioner may
also establish requirements for continuing education, periodic
recertification, and revocation of certification for evaluators.
Sec. 28. Minnesota Statutes 1996, section 583.22,
subdivision 5, is amended to read:
Subd. 5. [DIRECTOR.] "Director" means the director of the
agricultural extension service conflict and change center at the
University of Minnesota's Humphrey Institute or the director's
designee.
Sec. 29. 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; Laws 1991, chapter 208, section 2; Laws 1993, First
Special Session chapter 2, article 6, section 2; and Laws 1995,
chapter 212, article 2, section 11, 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, 1997 1998.
Sec. 30. Laws 1994, chapter 643, section 19, subdivision
9, as amended by Laws 1995, chapter 224, section 124, is amended
to read:
Subd. 9. Museum and Center for
American Indian History 1,100,000
This appropriation is for the board of
trustees of the Minnesota state
colleges and universities to plan,
design, and construct a museum and
center for American Indian history and
policy. The facility shall be located
at Bemidji State University. This
appropriation is not available unless
matched by $1,000,000 from nonpublic
sources dollar for dollar to the extent
matched by nonstate money, provided
that a minimum of $500,000 must be
raised from nonstate money. If more
than $1,100,000 is raised from nonstate
money, the money may be used to expand
the project. Initiation of the project
must begin prior to June 30, 2001. The
board of trustees of the Minnesota
state colleges and universities is not
required to pay any debt service for
this appropriation.
Sec. 31. Laws 1996, chapter 366, section 6, is amended to
read:
Sec. 6. [MORATORIUM.]
Notwithstanding any law to the contrary, until June 30,
1997 1998, an educational institution that was licensed under
Minnesota Statutes, chapter 141, on December 31, 1995, must
continue to comply with the provisions of that chapter and may
not use any of the exemptions available under Minnesota
Statutes, section 141.35.
Sec. 32. Laws 1997, chapter 32, is amended by adding a
section to read:
Sec. 2. [EFFECTIVE DATE.]
This act is effective the day after the final enactment of
S. F. No. 1888.
Sec. 33. [STUDENT ORGANIZATIONS.]
A campus student association shall not hold a referendum to
determine statewide affiliation before May 1, 1998, or before
the statewide student associations for the community colleges
and technical colleges consolidate, whichever is sooner.
Sec. 34. [MINNESOTA VIRTUAL UNIVERSITY.]
Subdivision 1. [ESTABLISHMENT.] The Minnesota Virtual
University is established as a public-private partnership
consisting of the University of Minnesota, the Minnesota state
colleges and universities, and private colleges and universities
to ensure that lifelong learning opportunities are developed and
available to Minnesota citizens and businesses. The Minnesota
Virtual University shall establish multiple points of entry for
students with immediate access to all instructional, support,
and administrative services.
Subd. 2. [COORDINATION.] The University of Minnesota, the
Minnesota state colleges and universities, and the private
colleges and universities are requested to:
(1) oversee the development and implementation of an
electronic system that will support immediate access to all
instructional, support, and administrative services in a
seamless and customer-friendly manner;
(2) include private businesses, and other institutions that
could support the development of a virtual university; and
(3) develop an electronic system supporting student
services, including, but not limited to, course catalogs,
registration systems, credit banks, and occupation and employer
data. The electronic system shall be designed to integrate with
existing and future systems supporting the University of
Minnesota, the Minnesota state colleges and universities, and
private colleges and universities.
Sec. 35. [MNSCU EXCLUSION.]
Notwithstanding any law to the contrary, the Minnesota
state colleges and universities are not a state agency for the
purposes of laws relating to the office of technology.
Sec. 36. [ROUNDTABLE ON VOCATIONAL TECHNICAL EDUCATION.]
Subdivision 1. [ESTABLISHMENT; MEMBERS.] A roundtable
discussion on vocational technical education in the state shall
be convened. The roundtable shall consist of 13 members as
follows:
(1) the commissioner of the department of children,
families, and learning or the commissioner's designee;
(2) the chancellor of the Minnesota state colleges and
universities or the chancellor's designee;
(3) a majority member of the higher education budget
division of the senate committee on children, families and
learning, appointed by the senate majority leader, and a
minority member of the same division appointed by the minority
leader;
(4) a majority member of the higher education finance
division of the education committee of the house, appointed by
the speaker of the house, and a minority member of the same
division appointed by the minority leader;
(5) a member of the state vocational school planning
committee, selected by the committee; and
(6) the following members, appointed by the governor:
(i) one member of the state council on vocational technical
education;
(ii) a member of private industry who regularly hires
graduates of vocational technical education programs;
(iii) a secondary vocational technical educator;
(iv) a post-secondary faculty member in vocational
technical education;
(v) a current student in vocational technical education;
and
(vi) a representative of organized labor.
Subd. 2. [DUTIES.] The roundtable shall make
recommendations on strategies needed to effectively provide
efficient vocational technical education in Minnesota. The
roundtable shall consider at least the following issues:
(1) how counseling at the secondary and post-secondary
level could improve student success in job placement;
(2) how recruitment efforts by technical colleges could
help fill classroom vacancies;
(3) how to encourage cooperation with industry in
curriculum design, internship development, and projection of
potential job growth areas; and
(4) the relationship of technical colleges to current
school-to-work programs.
Subd. 3. [REPORTS.] The roundtable shall report to the
legislature on its recommendations by January 15, 1998. The
state council on vocational technical education and the
Minnesota state colleges and universities shall provide staffing
and other necessary support to the roundtable.
Subd. 4. [PLANNING COMMITTEE; CONTINUATION.] The state
vocational school planning committee, established under Laws
1995, First Special Session chapter 3, article 3, section 12,
shall continue until June 30, 1998.
Sec. 37. [BOARD AUTHORITY TO PURCHASE, SELL, TRANSFER,
LEASE, AND CONVEY CERTAIN LAND AND IMPROVEMENTS.]
Subdivision 1. [AUTHORITY.] The board of trustees may
purchase, sell, transfer, lease, and convey land and
improvements described in this section, and may retain all
proceeds from the sale or lease of real estate under Minnesota
Statutes, section 136F.71. The provisions of Minnesota
Statutes, sections 94.09 to 94.16 and 103F.535, do not apply to
real estate transactions authorized by this section.
Subd. 2. [ST. CLOUD.] The board of trustees may purchase
fee title from the Central Minnesota Council of Boy Scouts,
Inc., of approximately 1.4 acres of land that includes an office
building and that is contiguous to St. Cloud Technical College
for college operations.
Subd. 3. [INVER HILLS; NORMANDALE LAND TRANSFERS.] (a) The
board of trustees may transfer fee title to approximately eight
acres of state-owned real estate operated by Inver Hills
Community College to the city of Inver Grove Heights. The
purpose of the transfer is to provide land for the construction
of a community library at no cost to the state, the board, or
Inver Hills Community College. In the event that the property
is no longer used for public purposes, title to the land shall
revert to the state. The transfer is contingent on the board of
trustees acquiring fee title to approximately eight acres of
real estate owned by the city of Inver Grove Heights, adjacent
to Inver Hills Community College, for college operations.
(b) The board of trustees may transfer fee title to
approximately 12 acres of state-owned real estate that comprises
Normandale Community College's athletic fields to the city of
Bloomington. In the event that the property is no longer used
for public purposes, title to the land shall revert to the
state. The transfer is contingent on the board acquiring fee
title to approximately 12 acres of real estate owned by the city
of Bloomington, which is in the vicinity of Normandale Community
College, for college operations. The land acquired by the
college must remain undeveloped. The transfer must include
provisions to allow the college continued use of the fields.
Subd. 4. [WINONA, JACKSON, MAHTOMEDI PROPERTY SALE.] (a)
The board of trustees may sell the state's interest in an
aviation hangar and related land operated by the Winona campus
of Winona-Red Wing Technical College for no less than the
assessed value of the property. The sale may be by public
auction, sealed bid, listing with a real estate broker licensed
under Minnesota Statutes, chapter 82, or other means selected by
the board of trustees.
(b) The board of trustees may sell a former armory building
operated by the Jackson campus of Minnesota West Community and
Technical College for no less than the assessed value of the
property. The sale may be by public auction, sealed bid,
listing with a real estate broker licensed under Minnesota
Statutes, chapter 82, or other means selected by the board of
trustees.
(c) The board of trustees may sell or lease for $1
state-owned real estate operated by Century Community and
Technical College to the city of Mahtomedi for construction of
an ice arena. Additional terms may be set by the board. The
board shall ensure adequate future educational development space
is maintained on the east campus and shall give priority to
other state-owned land operated by Century Community and
Technical College. Any sale or lease must include provisions
for use of the facility by the college. If the land is sold and
later is no longer used for city recreational purposes, the
property shall revert to the state. Prior to any negotiations
with the city of Mahtomedi, the chancellor must report to the
chairs of the house and senate education committees on the
relationship of the ice arena to the long-term educational and
facility development goals of the college.
Subd. 5. [MINNEAPOLIS TRANSFER.] Notwithstanding the
provisions of Minnesota Statutes, chapter 94, or any other state
law, if the board of trustees of the Minnesota state colleges
and universities system or the school board of special school
district No. 1, Minneapolis, ceases to use its portion of the
real property along Second Avenue North adjacent to Bassett's
creek in Minneapolis known as the transportation center for a
purpose related to normal, authorized board functions or
activities, or if the board of trustees or the school board
wishes to permanently abandon, sell, or lease or otherwise
transfer the control of a material part of its portion of the
real property, the board of trustees must offer to convey its
portion of the property to the school board for $1 or the school
board must offer to convey its portion of the property to the
board of trustees for $1. The board of trustees and the school
board are each authorized to convey their portion of the
property upon timely acceptance of such offer. An offer
extended shall become void if not accepted in writing within 60
days of issuance.
Subd. 6. [MANKATO STATE.] The board of trustees of the
Minnesota state colleges and universities may accept money from
the Mankato State University Foundation to construct a black box
theater on the Mankato State University campus. The board shall
supervise the construction as provided in Minnesota Statutes,
section 136F.64.
Subd. 7. [ST. CLOUD STATE UNIVERSITY.] The board of
trustees of the Minnesota state colleges and universities may
build a bus stop structure with some retail services on the
campus of St. Cloud State University. It is intended that no
appropriation for this specific purpose is needed or obligated
by this authorization. An operating agreement may be executed
for a period of five to 25 years subject to the requirements of
Minnesota Statutes, section 16B.24, subdivision 5.
Subd. 8. [NORTH HENNEPIN COMMUNITY
COLLEGE.] Notwithstanding Minnesota Statutes, section 16B.26,
the board of trustees may grant permanent utility, drainage, and
access easements at North Hennepin Community College, in a form
prescribed by the attorney general.
Sec. 38. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall change the phrases "state
board of technical colleges," "state board for vocational
technical education," "state board for community colleges," and
"state university board," or similar, to "board of trustees of
the Minnesota state colleges and universities" in Minnesota
Statutes, sections 3.754; 16A.662, subdivision 5; 352.01,
subdivision 2b; and 354.66, subdivision 1a.
Sec. 39. [REPEALER.]
Minnesota Statutes 1996, sections 126.113; and 137.41; Laws
1995, chapter 212, article 4, section 34; and Laws 1995, First
Special Session chapter 2, article 1, sections 35 and 36, are
repealed.
Sec. 40. [EFFECTIVE DATES.]
Sections 21, 29, and 31 are effective the day following
final enactment.
Presented to the governor May 19, 1997
Signed by the governor May 20, 1997, 2:40 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes