language to be deleted (2) new language
relating to higher education; requiring the provision of textbook information to certain students; providing for the continued operation of Minnesota State Colleges and Universities in certain circumstances; increasing Minnesota State Colleges and Universities system revenue bond authority; prescribing uses of the permanent university fund; requiring an expanded waiver for mandatory healthcare coverage; providing a graduate study benefit to certain safety officer survivors; providing funding for the Hennepin County Medical Center graduate family education programs; establishing textbook work group; making miscellaneous technical changes; requiring a report;
amending Minnesota Statutes 2010, sections 135A.14, subdivision 1; 135A.25, subdivision 5; 136F.58, subdivision 3, by adding a subdivision; 136F.71, subdivision 3, by adding a subdivision; 136F.98, subdivision 1; 136G.03, subdivision 7; 137.022, subdivision 4; 141.35; 299A.45, subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapter 135A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
As used in this section, the following terms have the meanings given them.
(a) "Administrator" means the administrator of the institution or other person with general control and supervision of the institution.
(b) "Public or private postsecondary educational institution" or "institution" means any of the following institutions having an enrollment of more than 100 persons during any quarter, term, or semester during the preceding year: (1) the University of Minnesota; (2) the state universities; (3) the state community colleges; (4) public technical colleges; (5) private four-year, professional and graduate institutions; (6) private two-year colleges; and (7) schools subject to either chapter 141, sections 136A.61 to 136A.71, or schools exempt under section 136A.657, and which offer educational programs within the state for an academic year greater than six consecutive months. An institution's report to the Minnesota Office of Higher Education or the Minnesota Department of Education may be considered when determining enrollment.
(c) "Student" means a person born after 1956 who did not graduate from a Minnesota high school in 1997 or later, and who is (1) registering for more than one class during a full academic term, such as a quarter or a semester or (2) housed on campus and is registering for one or more classes. Student does not include persons enrolled in extension classes only or correspondence classes only.
The University of Minnesota and private colleges are encouraged to comply with the requirements for instructors and bookstores under section 136F.58, subdivision 2.
(a) An instructor shall make reasonable efforts to notify a bookstore of the final order for required and recommended course material at least 30 days prior to the commencement of the term.
(b) The bookstore must make reasonable efforts to notify students of the following information concerning the required and recommended course material at least 15 days prior to the commencement of the term for which the course material is required including, but not limited to:
(1) the title, edition, author, and International Standard Book Number (ISBN) of the course material;
(2) the price for the course material;
(3) whether the required course material is bundled with optional material, whether it can be unbundled, and the price for each bundled and unbundled component; and
(4) whether the material is available in an alternative format and the cost for the alternatively formatted material.
Beginning July 1, 1997, Interest income attributable to general fund dedicated receipts of the board is appropriated to the board. The board shall allocate the income proportionately among the colleges and universities. The board shall report this income separately in its biennial budget requests.
The Board of Trustees of the Minnesota State Colleges and Universities or a successor may issue revenue bonds under sections 136F.90 to 136F.97 whose aggregate principal amount at any time may not exceed $300,000,000, and payable from the revenue appropriated to the fund established by section 136F.94, and use the proceeds together with other public or private money that may otherwise become available to acquire land, and to acquire, construct, complete, remodel, and equip structures or portions thereof to be used for dormitory, residence hall, student union, food service, parking purposes, or for any other similar revenue-producing building or buildings of such type and character as the board finds desirable for the good and benefit of the state colleges and universities. Before issuing the bonds or any part of them, the board shall consult with and obtain the advisory recommendations of the chairs of the house of representatives Ways and Means Committee and the senate Finance Committee about the facilities to be financed by the bonds.
"Contingent account owner" means the individual designated as the account owner, either in the participation agreement or pursuant to a separate Minnesota college savings plan form, in the event of the death of the account owner.
(a) All income credited after July 1, 1992, to the permanent university fund from royalties for mining under state mineral leases from and after July 1, 1991, must be allocated as provided in this subdivision.
(b)(1) Fifty percent of the income, up to $50,000,000, must be credited to the mineral research account of the fund to be allocated for the Natural Resources Research Institute-Duluth and Coleraine facilities, for mineral and mineral-related research including mineral-related environmental research; and
(2) The remainder must be credited to the endowed scholarship account of the fund for distribution annually for scholastic achievement as provided by the Board of Regents to undergraduates enrolled at the University of Minnesota who are resident students as defined in section 136A.101, subdivision 8.
(c) The annual distribution from the endowed scholarship account must be allocated to the various campuses of the University of Minnesota in proportion to the number of undergraduate resident students enrolled on each campus.
(d) The Board of Regents must report to the education committees of the legislature biennially at the time of the submission of its budget request on the disbursement of money from the endowed scholarship account and to the environment and natural resources committees on the use of the mineral research account.
(e) Capital gains and losses and portfolio income of the permanent university fund must be credited to its three accounts in proportion to the market value of each account.
(f) The endowment support from the income and capital gains of the endowed mineral research and endowed scholarship accounts of the fund must not total more than six percent per year of the 36-month trailing average market value of the account from which the support is derived.
Sections 141.21 to 141.32 shall not apply to the following:
(1) public postsecondary institutions;
(2) postsecondary institutions registered under sections 136A.61 to 136A.71;
(3) schools of nursing accredited by the state Board of Nursing or an equivalent public board of another state or foreign country;
(4) private schools complying with the requirements of section 120A.22, subdivision 4;
(5) courses taught to students in a valid apprenticeship program taught by or required by a trade union;
(6) schools exclusively engaged in training physically or mentally disabled persons for the state of Minnesota;
(7) schools licensed by boards authorized under Minnesota law to issue licenses except schools required to obtain a private career school license due to the use of "academy," "institute," "college," or "university" in their names;
(8) schools and educational programs, or training programs, contracted for by persons, firms, corporations, government agencies, or associations, for the training of their own employees, for which no fee is charged the employee;
(9) schools engaged exclusively in the teaching of purely avocational, recreational, or remedial subjects as determined by the office except schools required to obtain a private career school license due to the use of "academy," "institute," "college," or "university" in their names;
(10) classes, courses, or programs conducted by a bona fide trade, professional, or fraternal organization, solely for that organization's membership;
(11) programs in the fine arts provided by organizations exempt from taxation under section 290.05 and registered with the attorney general under chapter 309. For the purposes of this clause, "fine arts" means activities resulting in artistic creation or artistic performance of works of the imagination which are engaged in for the primary purpose of creative expression rather than commercial sale or employment. In making this determination the office may seek the advice and recommendation of the Minnesota Board of the Arts;
(12) classes, courses, or programs intended to fulfill the continuing education requirements for licensure or certification in a profession, that have been approved by a legislatively or judicially established board or agency responsible for regulating the practice of the profession, and that are offered exclusively to an individual practicing the profession;
(13) classes, courses, or programs intended to prepare students to sit for undergraduate, graduate, postgraduate, or occupational licensing and occupational entrance examinations;
(14) classes, courses, or programs providing 16 or fewer clock hours of instruction that are not part of the curriculum for an occupation or entry level employment except schools required to obtain a private career school license due to the use of "academy," "institute," "college," or "university" in their names;
(15) classes, courses, or programs providing instruction in personal development, modeling, or acting;
(16) training or instructional programs, in which one instructor teaches an individual student, that are not part of the curriculum for an occupation or are not intended to prepare a person for entry level employment; and
(17) schools with no physical presence in Minnesota, as determined by the office, engaged exclusively in offering distance instruction that are located in and regulated by other states or jurisdictions.
A person is eligible to receive educational benefits under this section if the person:
(1) is certified under section 299A.44 and in compliance with this section and rules of the commissioner of public safety and the Minnesota Office of Higher Education;
(2) is enrolled in an undergraduate degree or certificate program after June 30, 1990, at an eligible Minnesota institution as provided in section 136A.101, subdivision 4;
(3) has not received a baccalaureate degree or been enrolled full time for nine semesters or the equivalent, except that a student who withdraws from enrollment for active military service is entitled to an additional semester or the equivalent of eligibility; and
(4) is related in one of the following ways to a public safety officer killed in the line of duty on or after January 1, 1973:
(i) as a dependent child less than 23 years of age;
(ii) as a surviving spouse; or
(iii) as a dependent child less than 30 years of age who has served on active military duty 181 consecutive days or more and has been honorably discharged or released to the dependent child's reserve or National Guard unit.
(a) The amount of the award is the lesser of:
(1) the average tuition and fees charged by the institution; or
(2) the tuition maximums established by law for the state grant program under section 136A.121.
(b) An award under this subdivision must not affect a recipient's eligibility for a state grant under section 136A.121.
(c) For the purposes of this subdivision, "fees" include only those fees that are mandatory and charged to all students attending the institution.
Presented to the governor April 28, 2012
Signed by the governor May 2, 2012, 3:20 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes