2004 Minnesota Statutes

CHAPTER 137. University of minnesota

  137.01 Repealed, 1998 c 384 s 13 

     137.02 Powers and duties of Board of Regents. 

    Subdivision 1.    Transportation between university campus 
 and farm.  The Board of Regents is hereby authorized to 
 provide adequate means for safe, convenient, and rapid 
 transportation of persons, supplies, and materials between the 
 university farm and the university campus and the transportation 
 of persons from intermediate points to either the university 
 campus or the university farm and from the university campus or 
 university farm to intermediate points and for the 
 transportation of supplies and materials to and from the 
 university farm by means of a connection with the belt line 
 railway operated by the Minnesota Transfer Railway Company; and 
 to that end the Board of Regents is hereby authorized to acquire 
 by gift, purchase, condemnation, or otherwise such rights-of-way 
 as may be deemed necessary and to construct, maintain, and 
 operate lines of railway thereon and to make such contracts with 
 any railway company for trackage rights, track connections, and 
 motive power or for the hiring of rolling stock or for the 
 operation of the same as may be found necessary or expedient in 
 carrying out the provisions of this subdivision.  The Board of 
 Regents shall prescribe the rate of fares which shall be charged 
 for the transportation of persons, which fares when collected 
 shall be kept in a separate fund and used to defray the expense 
 of maintaining and operating such railway. 

    Subd. 2.    Employees may be bonded.  The regents of 
 the university shall have authority to indemnify the officers or 
 the employees of the university against liability arising out of 
 the operation of motor vehicles or other equipment by them while 
 engaged in the performance of their duties as such public 
 officials or employees and to pay out of the public funds the 
 premiums on the indemnity insurance policies insuring such 
 governmental agency against such liability.  The regents may 
 defend any such officer or employee, in the name and on behalf 
 of the officer or employee, in any suit brought against the 
 officer or employee to enforce a claim, whether groundless or 
 otherwise, arising out of the operation of a motor vehicle or 
 other equipment in the performance of official duties, and may 
 compromise and settle such claim or suit and pay out of public 
 funds the amount of such settlement or compromise, or the amount 
 of any judgment against such officer or employee based on any 
 such claim without first requiring such officer or employee to 
 settle or pay any such claim.  The regents may, in their 
 discretion, pay the premiums of the indemnity insurance policies 
 referred to in this subdivision, insuring such officers or 
 employees against liability for or injury to persons or 
 property, within the limits of this subdivision, and such 
 payment of insurance premiums out of public funds shall in no 
 way impose on the regents any liability. 

    Subd. 3.    Power of eminent domain granted.  The Board 
 of Regents may use any money not specifically appropriated for 
 other purposes for acquiring land by purchase or condemnation.  
 In case it is desired to use the fund for the acquisition of 
 land by eminent domain, the power of eminent domain shall be 
 exercised in accordance with chapter 117. 

    Subd. 3a.    Consultation required.  Land must not be 
 purchased and a building must not be purchased, constructed, or 
 erected on land of the University of Minnesota until the regents 
 have first consulted with the chair of the senate Finance 
 Committee and the chair of the house Ways and Means Committee 
 and obtained their advisory recommendations. 

    Subd. 4.    Employee salaries.  All nonacademic 
 employees of the University of Minnesota shall be paid salaries 
 comparable to salaries paid to state employees in the classified 
 civil service. 

    HIST: (3139, 3139-3, 3139-4, 3139-6) 1913 c 257 s 1; 1935 c 
 173 s 1,2; Ex1937 c 81 s 2; 1976 c 163 s 23; 1976 c 348 s 21; 
 1986 c 444; 1989 c 300 art 1 s 31; 1993 c 4 s 20 

     137.021 Acceptance of federal money. 

    The regents of the University of Minnesota are hereby 
 designated the state agency empowered to accept any and all 
 moneys provided for or made available to this state by the 
 United States of America or any department or agency thereof for 
 the construction and equipping of any building for university or 
 college purposes in accordance with the provisions of federal 
 law and any rules or regulations promulgated thereunder and are 
 further authorized to do any and all things required of this 
 state by such federal law and the rules and regulations 
 promulgated thereunder in order to obtain such federal money. 

    HIST: Ex1959 c 90 s 6 

     137.022 Permanent university fund. 

    Subdivision 1.    Investment.  The investment management 
 of the permanent university fund shall be under the jurisdiction 
 of the Board of Regents of the University of Minnesota, subject 
 to any limitations imposed by the Constitution of the state of 
 Minnesota, article XI, section 9.  All securities and cash held 
 in the state treasury credited to the permanent university fund 
 that are unappropriated or unencumbered are transferred and 
 appropriated to the Board of Regents of the University of 
 Minnesota solely for the purpose of investment by them.  The 
 investments are restricted to those the State Board of 
 Investment may invest in under section 11A.24. 

    Subd. 2.    Income.  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. 

    Subd. 3.    Endowed chair account.  (a) For purposes of 
 this section, the permanent university fund has three accounts.  
 The sources of the money in the endowed mineral research and 
 scholarship accounts are set out in paragraph (b) and 
 subdivision 4.  All money in the fund that is not otherwise 
 allocated is in the endowed chair account.  The income from the 
 endowed chair account must be used, and capital gains allocated 
 to that account may be used, to provide endowment support for 
 professorial chairs in academic disciplines.  The endowment 
 support for the chairs from the income and the capital gains 
 must not total more than six percent per year of the 36-month 
 trailing average market value of the endowed chair account of 
 the fund, as computed quarterly or otherwise as directed by the 
 regents.  The endowment support from the income and the capital 
 gains must not provide more than half the sum of the endowment 
 support for all university chairs and professorships endowed, 
 with nonstate sources providing the remainder.  The endowment 
 support from the income and the capital gains may provide more 
 than half the endowment support of an individual chair.  

    (b) If any portion of the annual appropriation of the 
 income is not used for the purposes specified in paragraph (a) 
 or subdivision 4, that portion lapses and must be added to the 
 principal of the three accounts of the permanent university fund 
 in proportion to the market value of each account. 

    Subd. 4.    Mineral research; scholarships.  (a) All 
 income credited after July 1, 1992, to the permanent university 
 fund from royalties for mining under state mineral leases from 
 and after July 1, 1991, must be allocated as provided in this 
 subdivision. 

    (b)(1) Fifty percent of the income, up to $25,000,000, must 
 be credited to the mineral research account of the fund to be 
 allocated for the Natural Resources Research Institute-Duluth 
 and Coleraine facilities, for mineral and mineral-related 
 research including mineral-related environmental research; and 

    (2) The remainder must be credited to the endowed 
 scholarship account of the fund for distribution annually for 
 scholastic achievement as provided by the Board of Regents to 
 undergraduates enrolled at the University of Minnesota who are 
 resident students as defined in section 136A.101, subdivision 8. 

    (c) The annual distribution from the endowed scholarship 
 account must be allocated to the various campuses of the 
 University of Minnesota in proportion to the number of 
 undergraduate resident students enrolled on each campus.  

    (d) The Board of Regents must report to the education 
 committees of the legislature biennially at the time of the 
 submission of its budget request on the 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.  

    HIST: 1963 c 567 s 2; 1965 c 41 s 1; 1971 c 197 s 3; 1976 c 2 
 s 172; 1980 c 516 s 2; 1980 c 607 art 14 s 45 subd 2; s 46; 1983 
 c 289 s 114 subd 1; 1984 c 655 art 1 s 92; 1985 c 248 s 70; 
 1Sp1985 c 11 s 65; 1990 c 591 art 6 s 8,9; 1Sp1993 c 2 art 4 s 
 1,2; 1997 c 183 art 3 s 26; 2003 c 133 art 2 s 19 

     137.023 University student on Board of Regents. 

    In electing members of the Board of Regents pursuant to 
 article 13, section 3, of the Constitution of the state of 
 Minnesota, and Territorial Laws 1851, chapter 3, section 5, one 
 member of the Board of Regents of the university shall be a 
 person who at the time of election to the board is a student who 
 is enrolled in a degree program at the university.  This person 
 shall represent the state at large.  Upon expiration of the term 
 or in the event of a vacancy in the office, one position shall 
 be filled by a person having the same qualifications. 

    HIST: 1976 c 120 s 1; 1986 c 444; 1989 c 157 s 1 

     137.024 Congressional districts represented on Board of 
  Regents. 

    At least one member of the Board of Regents of the 
 university shall be a resident of each congressional district. 

    HIST: 1976 c 120 s 2 

     137.0245 Regent Candidate Advisory Council. 

    Subdivision 1.    Establishment.  A Regent Candidate 
 Advisory Council is established to assist the legislature in 
 determining criteria for, and identifying and recruiting 
 qualified candidates for membership on the Board of Regents. 

    Subd. 2.    Membership.  The Regent Candidate Advisory 
 Council shall consist of 24 members.  Twelve members shall be 
 appointed by the Subcommittee on Committees of the Committee on 
 Rules and Administration of the senate.  Twelve members shall be 
 appointed by the speaker of the house of representatives.  Each 
 appointing authority must appoint one member who is a student 
 enrolled in a degree program at the University of Minnesota at 
 the time of appointment.  No more than one-third of the members 
 appointed by each appointing authority may be current or former 
 legislators.  No more than two-thirds of the members appointed 
 by each appointing authority may belong to the same political 
 party; however, political activity or affiliation is not 
 required for the appointment of any member.  Geographical 
 representation must be taken into consideration when making 
 appointments.  Section 15.0575 shall govern the advisory 
 council, except that: 

    (1) the members shall be appointed to six-year terms with 
 one-third appointed each even-numbered year; and 

    (2) student members are appointed to two-year terms with 
 two students appointed each even-numbered year. 

    Subd. 3.    Duties.  The advisory council shall: 

    (1) develop, in consultation with current and former 
 regents and the administration of the University of Minnesota, a 
 statement of the selection criteria to be applied and a 
 description of the responsibilities and duties of a regent, and 
 shall distribute this to potential candidates; and 

    (2) for each position on the board, identify and recruit 
 qualified candidates for the Board of Regents, based on the 
 background and experience of the candidates, and their potential 
 for discharging the responsibilities of a member of the Board of 
 Regents. 

    Subd. 4.    Recommendations.  The advisory council shall 
 recommend at least two and not more than four candidates.  By 
 March 15 of each odd-numbered year, the advisory council shall 
 submit its recommendations to the president of the senate and 
 the speaker of the house of representatives.  The legislature 
 shall not be bound by these recommendations. 

    Subd. 5.    Support services.  The Legislative 
 Coordinating Commission shall provide administrative and support 
 services for the advisory council. 

    HIST: 1988 c 703 art 1 s 16; 1990 c 383 s 1; 2003 c 133 art 3 
 s 25 

     137.025 Appropriations; payment. 

    Subdivision 1.    Appropriations not for buildings.  The 
 commissioner of finance shall pay no money to the University of 
 Minnesota pursuant to a direct appropriation, other than an 
 appropriation for buildings, until the university first 
 certifies to the commissioner of finance that its aggregate 
 balances in the temporary investment pool, cash, or separate 
 investments, resulting from all state maintenance and special 
 appropriations do not exceed $7,000,000, or any other amount 
 specified in the act making the appropriation, plus one-third of 
 all tuition and fee payments from the previous fiscal year.  
 Upon this certification, 1/12 of the annual appropriation to the 
 university shall be paid at the beginning of each month.  
 Additional payments shall be made by the commissioner of finance 
 whenever the state appropriations and tuition aggregate balances 
 in the temporary investment pool, cash, or separate investments 
 are reduced below the indicated levels. 

    Subd. 2.    Appropriations for buildings.  The 
 commissioner of finance shall pay no money to the University of 
 Minnesota pursuant to a direct appropriation for buildings until 
 all balances separately invested, including cash, and those in 
 the temporary investment pool attributable to all state building 
 funds shall be reduced below $5,000,000, or any other amount 
 specified in the act making the appropriation.  Payment shall 
 then be made upon certification of the amounts needed for 
 construction payments, but so as not to increase the building 
 balances in cash, separately invested, or in the temporary 
 investment pool, to a total above the indicated level. 

    Subd. 3.    Investment; income.  Money not paid to the 
 university by reason of the foregoing requirements shall be 
 invested by the state in those securities authorized by section 
 11A.25 until paid to the university.  Income from investments 
 shall be credited to the general fund in the state treasury. 

    HIST: 1976 c 163 s 24; 1980 c 607 art 14 s 46; 1987 c 401 s 29 

     137.0251 Budgetary information. 

    The Board of Regents of the University of Minnesota shall 
 make available to the commissioner of finance all books, 
 accounts, documents, and property that the commissioner desires 
 to inspect. 

    HIST: 1988 c 703 art 1 s 18 

     137.027 Appropriation; fringe benefits. 

    Direct appropriations to the University of Minnesota 
 include money to pay the employer's share of Social Security, 
 state retirement, and health insurance.  Money provided for 
 these purposes shall be expended only for these purposes and any 
 amounts in excess of the employer's share shall be returned to 
 the state treasury. 

    HIST: 1976 c 163 s 25 

  137.03 Repealed, 1996 c 310 s 1; 1996 c 398 s 66 

     137.04 Library to get copies of state publications.  

    The general library of the University of Minnesota is a 
 depository of all books, pamphlets, maps, and other works 
 published by or under the authority of the state of Minnesota.  

    HIST: (3137, 3138) 1905 c 278 s 1,2; 1947 c 365 s 3 

  137.05 Repealed, 1996 c 310 s 1; 1996 c 398 s 66 

  137.06 Repealed, 1996 c 310 s 1; 1996 c 398 s 66 

  137.07 Repealed, 1996 c 310 s 1; 1996 c 398 s 66 

  137.08 Repealed, 1996 c 310 s 1; 1996 c 398 s 66 

     137.09 Board of Regents not to exceed appropriations; 
  penalty.  

    It shall be unlawful for the Board of Regents to permit any 
 expenditures for any purpose in excess of the amount 
 appropriated or contemplated by law and any member or agent of 
 the board violating this provision shall be guilty of a gross 
 misdemeanor; and, upon conviction, fined not less than $100 nor 
 more than $3,000, or be imprisoned in the county jail for not 
 less than six months, or by both fine and imprisonment.  

    HIST: (3145) 1905 c 119 s 6; 1984 c 628 art 3 s 11 

     137.10 Refund of tuition to students in certain cases. 

    Any student who, being a resident of the state, has 
 enrolled to pursue any course in the University of Minnesota and 
 paid tuition for the course, and who, prior to the termination 
 of the school year for which the tuition was paid, enlisted or 
 has been inducted into the military services of the United 
 States, either voluntarily or pursuant to the present selective 
 service law, is entitled to the refund of all tuition paid for 
 which credit cannot properly be given.  

    The administrative officers of the University of Minnesota 
 shall refund to the students any tuition so paid.  Any student 
 making application for refund of any paid tuition shall furnish 
 to the administrative officers of the University of Minnesota a 
 certificate from the proper officers reciting the fact of the 
 enlistment or the induction of the student into the military 
 service of the United States. 

    HIST: 1941 c 272; 1957 c 576 s 1,2; 1975 c 321 s 2; 1984 c 609 
 s 9; 1Sp2001 c 1 art 2 s 18 

  137.11 Repealed, 1996 c 310 s 1; 1996 c 398 s 66 

     137.12 Peace officers; appointment; power of arrest. 

    The regents of the University of Minnesota are hereby 
 authorized to appoint, employ and fix the compensation to be 
 paid out of funds of the regents of the University of Minnesota, 
 persons as peace officers who shall have and may exercise 
 throughout the state of Minnesota the same powers of arrest 
 possessed by a sheriff, police officer, or peace officer, but 
 said powers of arrest shall only be exercised in connection with 
 investigations authorized to be made by the regents of the 
 University of Minnesota, which investigations shall relate to 
 university personnel or property. 

    HIST: 1947 c 126 s 1; 1969 c 266 s 1; 1977 c 82 s 1 

  137.13 Expired 

  137.14 Repealed, 1996 c 310 s 1; 1996 c 398 s 66 

  137.15 Repealed, 1996 c 310 s 1; 1996 c 398 s 66 

     137.16 Morris branch; admission of Indians. 

    Subdivision 1.    Admission.  The University of 
 Minnesota, Morris branch, situated in whole or in part on the 
 lands described in Laws 1909, chapter 184, shall admit Indian 
 pupils qualified for admission at all times free of charge for 
 tuition and on terms of equality with white pupils.  

    Subd. 2.    Substitute.  Subdivision 1 is a substitute 
 for the provisions of Laws 1909, chapter 184, section 2, which 
 reads:  The said lands and buildings described in section 1 
 hereof shall be held and maintained by the state of Minnesota as 
 an agricultural school, and Indian pupils shall at all times be 
 admitted to said school free of charge for tuition and on terms 
 of equality with white pupils.  

    HIST: 1961 c 312 s 2,3 

     137.17 Rochester branch. 

    Subdivision 1.    Establish.  The Board of Regents may 
 establish a school of professional and graduate studies as a 
 nonresidential branch campus of the University of Minnesota, 
 Rochester, to serve the needs of working adults and other 
 nontraditional students in southeastern Minnesota.  The campus 
 shall be a joint partnership of the University of Minnesota with 
 Rochester Community and Technical College, and Winona State 
 University.  

    The Board of Trustees of the Minnesota State Colleges and 
 Universities shall cooperate to achieve the foregoing. 

    Subd. 2.    Leadership.  The legislature intends that 
 the Rochester branch strengthen the existing partnership of 
 institutions in Rochester by providing better coordination and 
 leadership in serving the needs of the region, while maintaining 
 a cooperative basis among the institutions.  The University of 
 Minnesota is expected to take the leadership role in assessing 
 community needs and facilitating the delivery of upper division 
 and graduate academic programming and student services by 
 existing higher education providers.  It is the intent of the 
 legislature that this branch not diminish the role or function 
 of existing higher education institutions in Rochester or 
 elsewhere in the region in which the state already has a 
 significant investment. 

    Subd. 3.    Missions.  The legislature recognizes that 
 the distinctiveness of each of the partner institutions in 
 Rochester must be maintained to achieve success in serving the 
 higher education needs of the community and the economic goals 
 of the state.  Further, the legislature intends that the 
 University of Minnesota and the other partner institutions avoid 
 duplicative offerings of courses and programs.  Therefore, the 
 University of Minnesota, Winona State University, and Rochester 
 Community and Technical College shall develop jointly a 
 statement of missions, roles, and responsibilities for the 
 programs and services at Rochester which shall be submitted to 
 the legislature by January 30, 2000, and any time thereafter 
 that the missions, roles, and responsibilities change. 

    Subd. 4.    Changes.  Major changes in the missions, 
 programs, services or roles of the partner institutions shall be 
 made in full consultation with the partner institutions and the 
 systems. 

    HIST: 1999 c 214 art 2 s 16 

  137.20 Repealed, 1990 c 397 s 1 

  137.21 Repealed, 1990 c 397 s 1 

     137.22 Higher Education Act of 1965; receipts. 

    In order to enable the state to match the cost of any 
 program under Title I of the Higher Education Act of 1965, any 
 receipts accruing to any state department or agency by reason of 
 service performed for the University of Minnesota in connection 
 with the program shall be deposited in the state treasury.  The 
 receipts are appropriated to the department or agency making the 
 deposit, to be used as part of the state's 25 percent share of 
 the cost of the programs.  The balance of the state's share of 
 the cost of the programs is payable by the participating 
 departments or agencies from any moneys appropriated for 
 salaries, supplies and expenses. 

    HIST: 1976 c 163 s 26 

     137.31 Procurement from small businesses. 

    Subdivision 1.    Small business set asides.  Prior to 
 the beginning of each fiscal year, the regents of the University 
 of Minnesota shall designate and set aside for awarding to small 
 businesses approximately 20 percent of the value of procurement 
 contracts which are to be awarded during that fiscal year and 
 which are to be paid in total or in part from funds appropriated 
 to the university by the legislature.  The regents shall 
 designate specific procurement contracts to be set aside, or may 
 authorize the university administration to divide the amount set 
 aside into procurement contracts of economically feasible size, 
 in order to facilitate offers or bids from small businesses.  In 
 making the annual designation, the regents shall attempt to vary 
 the procurement contracts included in the set-aside program so 
 that a variety of goods and services produced by different small 
 businesses can be included in the university set-aside program 
 over a period of years.  For the purposes of this section, (a) 
 "procurement contract" means any agreement, written or oral, by 
 which the university obtains needed goods or services, including 
 the construction of capital improvements; and (b) "small 
 business" has the meaning given that term by state law.  Nothing 
 in this section shall be construed to prevent small businesses 
 from seeking awards of procurement contracts not included in the 
 set-aside program.  

    Subd. 2.    Procurement rules.  The regents shall 
 establish procurement rules to govern the university set aside 
 program.  The rules shall include guidelines and procedures for 
 negotiating price or securing bids, reasonable limitations on 
 the amount by which a contract price under the set-aside program 
 may exceed the estimated cost of obtaining comparable goods or 
 services on the open market, uniform procedures for providing 
 security for performance under procurement contracts, criteria 
 for evaluating the financial and technical capabilities of 
 participating small businesses, and any other matter deemed 
 necessary or desirable for the proper operation of the 
 university small business set-aside program.  

    Subd. 3. Repealed, 1989 c 352 s 25 

    Subd. 3a. Repealed, 1990 c 541 s 31 

    Subd. 4.    Replacement contracts.  If a procurement 
 contract designated for the set-aside program cannot be awarded 
 to a small business under the conditions prescribed in 
 subdivisions 1 and 2, the award shall be placed in accordance 
 with the regular procurement policies of the university.  In 
 this event, the university shall designate as a replacement a 
 procurement contract of comparable value to be included in the 
 university set-aside program during that fiscal year if 
 practicable.  

    Subd. 5.    Publicity.  The regents and the 
 administration of the University of Minnesota shall publicize 
 the provisions of the university small business set-aside 
 program, attempt to locate small businesses able to perform set 
 aside procurement contracts, and encourage participation by 
 small businesses in the University of Minnesota small business 
 set-aside program.  

    Subd. 6. Repealed, 1995 c 212 art 2 s 22 

    HIST: 1979 c 86 s 1; 1981 c 356 s 169; 1983 c 289 s 115 subd 
 1; 1987 c 312 art 1 s 26 subd 2; 1987 c 401 s 30; 1989 c 352 s 
 11-13; 1990 c 541 s 14; 1993 c 163 art 1 s 23 

  137.33 Repealed, 1996 c 310 s 1; 1996 c 398 s 66 

     137.34 Program established. 

    Subdivision 1.    Program established.  The Minnesota 
 Extension Service is instructed to develop and implement an 
 ongoing program for rural health and safety.  

    Subd. 2. Repealed, 1996 c 310 s 1 

    Subd. 3.    Responsibilities.  The rural health and 
 safety program in the Minnesota extension service has the 
 following ongoing responsibilities:  

    (1) to develop programs and materials related to farm 
 accident prevention; 

    (2) to develop and implement educational programs that will 
 enable rural residents to understand and comply with safety 
 standards and good health practices; 

    (3) to maintain cooperation and effective working 
 relationships with health and safety agencies and organizations 
 in Minnesota, other states, and the United States government; 
 and 

    (4) to seek and efficiently utilize grant money made 
 available for programs relating to rural and farm safety.  

    Subd. 4.    Program funding.  Money for support of the 
 rural health and safety program in the Minnesota Extension 
 Service may be accepted from the following sources:  

    (1) legislative appropriations from the general fund; 

    (2) funds from other sources within the University of 
 Minnesota and the Extension Service to the extent not precluded 
 by other law; and 

    (3) gifts or grants from individuals, organizations, 
 governmental units, foundations, corporations, or other sources 
 except that no restrictions may be placed by the giver with 
 respect to the functions, duties, and responsibilities of the 
 program.  

    HIST: 1988 c 688 art 2 s 1 

     137.341 Farm safety specialist position. 

    The Minnesota legislature finds that because the Extension 
 Service has unique opportunities for delivering health and 
 safety messages to farm families, the Extension Service is urged 
 to retain and, to the extent practicable, keep filled at all 
 times, the staff position of farm safety specialist. 

    HIST: 1991 c 254 art 3 s 22 

     137.342 Research Center for Agricultural Health and 
  Safety. 

    Subdivision 1.    Creation.  There is created within the 
 Division of Environmental and Occupational Health in the 
 University of Minnesota School of Public Health and under its 
 direction an interagency, interdisciplinary research center for 
 agricultural health and safety.  The center shall coordinate 
 funding for, and the findings of, research projects designed to 
 reduce injury and death from farm accidents, reduce long-term 
 exposure to potentially hazardous agricultural agents, and make 
 health care services more available to persons who suffer from 
 health problems related to agriculture. 

    Subd. 2. Repealed, 2001 c 161 s 58 

    HIST: 1991 c 254 art 3 s 23 

     137.35 Targeted businesses. 

    Subdivision 1.    Purchasing methods.  (a) The regents 
 may award up to a six percent preference in the amount bid for 
 specified goods and services to small targeted group businesses 
 designated under section 16C.16, subdivision 5. 

    (b) The regents may designate a purchase of goods or 
 services for award only to small targeted group businesses 
 designated under section 16C.16, subdivision 5, if the regents 
 determine that at least three small targeted group businesses 
 are likely to bid. 

    (c) The regents, as a condition of awarding a construction 
 contract or approving a contract for consultant, professional, 
 or technical services, may set goals that require the prime 
 contractor to subcontract a portion of the contract to small 
 targeted group businesses.  The regents must establish a 
 procedure for granting waivers from the subcontracting 
 requirement when qualified small targeted group businesses are 
 not reasonably available.  The regents may establish financial 
 incentives for prime contractors who exceed the goals for use of 
 subcontractors and financial penalties for prime contractors who 
 fail to meet goals under this paragraph.  The subcontracting 
 requirements of this paragraph do not apply to prime contractors 
 who are small targeted group businesses.  At least 75 percent of 
 the value of the subcontracts awarded to small targeted group 
 businesses under this paragraph must be performed by the 
 business to which the subcontract is awarded or by another small 
 targeted group business. 

    (d) The regents may award up to a four percent preference 
 in the amount bid on university procurement to small businesses 
 located in an economically disadvantaged area as defined in 
 section 16C.16, subdivision 7. 

    (e) The regents may delegate responsibility under this 
 section to university employees. 

    Subd. 2.    Eligibility.  The rules adopted by the 
 commissioner of administration to define small businesses and to 
 set time and other eligibility requirements for participation in 
 programs under sections 16C.16 to 16C.19 apply to this section. 

    Subd. 3.    Noncompetitive bids.  The regents are 
 encouraged to purchase from small targeted group businesses 
 designated under section 16C.16 when making purchases that are 
 not subject to competitive bidding procedures. 

    Subd. 4. Repealed, 1995 c 212 art 2 s 22 

    HIST: 1990 c 541 s 15; 1998 c 386 art 2 s 52-54 

     137.36 Prompt payment to subcontractors. 

    Each university contract must require the prime contractor 
 to pay any subcontractor within ten days of the prime 
 contractor's receipt of payment from the university for 
 undisputed services provided by the subcontractor.  The contract 
 must require the prime contractor to pay interest of 1-1/2 
 percent per month or any part of a month to the subcontractor on 
 any undisputed amount not paid on time to the subcontractor.  
 The minimum monthly interest penalty payment for an unpaid 
 balance of $100 or more is $10.  For an unpaid balance of less 
 than $100, the prime contractor shall pay the actual penalty due 
 to the subcontractor.  A subcontractor who prevails in a civil 
 action to collect interest penalties from a prime contractor 
 must be awarded its costs and disbursements, including attorney 
 fees, incurred in bringing the action. 

    HIST: 1990 c 541 s 16 

     137.37 Off-campus sites and centers. 

    The Board of Regents and the university campuses are 
 requested to not establish any off-campus centers or other 
 permanent sites located off university campuses to provide 
 academic programs, courses, or student services without 
 authorizing legislation.  This section does not apply to sites 
 set up specifically for the delivery of courses and programs 
 through telecommunications. 

    HIST: 1990 c 591 art 3 s 8; 1996 c 398 s 54 

     137.38 Education and training of primary care physicians.

    Subdivision 1.    Condition.  If the Board of Regents 
 accepts the amount transferred under section 62J.692, 
 subdivision 7, paragraph (b), to be used for the purposes 
 described in sections 137.38 to 137.40, it shall comply with the 
 duties for which the transfer is made. 

    Subd. 2.    Primary care.  For purposes of sections 
 137.38 to 137.40, "primary care" means a type of medical care 
 delivery that assumes ongoing responsibility for the patient in 
 both health maintenance and illness treatment.  It is personal 
 care involving a unique interaction and communication between 
 the patient and the physician.  It is comprehensive in scope, 
 and includes all the overall coordination of the care of the 
 patient's health care problems including biological, behavioral, 
 and social problems.  The appropriate use of consultants and 
 community resources is an important aspect of effective primary 
 care.  Primary care physicians include family practitioners, 
 general pediatricians, and general internists. 

    Subd. 3.    Goals.  The Board of Regents of the 
 University of Minnesota, through the University of Minnesota 
 Medical School, is requested to implement the initiatives 
 required by sections 137.38 to 137.40 in order to increase the 
 number of graduates of residency programs of the medical school 
 who practice primary care by 20 percent over an eight-year 
 period.  The initiatives must be designed to encourage newly 
 graduated primary care physicians to establish practices in 
 areas of rural and urban Minnesota that are medically 
 underserved. 

    Subd. 4.    Grants.  The Board of Regents is requested 
 to seek grants from private foundations and other nonstate 
 sources, including community provider organizations, for the 
 medical school initiatives outlined in sections 137.38 to 137.40.

    Subd. 5. Repealed, 1995 c 212 art 2 s 22; 1995 c 263 s 
 16 

    HIST: 1992 c 549 art 6 s 4; 1993 c 345 art 11 s 10-12; 1Sp2001 
 c 9 art 2 s 4; 2002 c 379 art 1 s 113 

     137.39 Medical school initiatives. 

    Subdivision 1.    Modified school initiatives.  The 
 University of Minnesota Medical School is requested to study the 
 demographic characteristics of students that are associated with 
 a primary care career choice.  The medical school is requested 
 to modify the selection process for medical students based on 
 the results of this study, in order to increase the number of 
 medical school graduates choosing careers in primary care. 

    Subd. 2.    Design of curriculum.  The medical school is 
 requested to ensure that its curriculum provides students with 
 early exposure to primary care physicians and primary care 
 practice, and to address other primary care curriculum issues 
 such as public health, preventive medicine, and health care 
 delivery.  The medical school is requested to also support 
 premedical school educational initiatives that provide students 
 with greater exposure to primary care physicians and practices. 

    Subd. 3.    Clinical experiences in primary care.  The 
 medical school is requested to develop a program to provide 
 students with clinical experiences in primary care settings in 
 internal medicine and pediatrics.  The program must provide 
 training experiences in medical clinics in rural Minnesota 
 communities, as well as in community clinics and health 
 maintenance organizations in the Twin Cities metropolitan area. 

    HIST: 1992 c 549 art 6 s 5; 1993 c 345 art 11 s 13,14 

     137.40 Residency and other initiatives. 

    Subdivision 1.    Primary care and rural rotations.  The 
 University of Minnesota Medical School is requested to increase 
 the opportunities for general medicine, pediatrics, and family 
 practice residents to serve rotations in primary care settings.  
 These settings must include community clinics, health 
 maintenance organizations, and practices in rural communities. 

    Subd. 2.    Rural residency training program in family 
 practice.  The medical school is requested to establish a 
 rural residency training program in family practice.  The 
 program shall provide an initial year of training in a 
 metropolitan-based hospital and family practice clinic.  The 
 second and third years of the residency program shall be based 
 in rural communities, utilizing local clinics and community 
 hospitals, with specialty rotations in nearby regional medical 
 centers. 

    Subd. 3.    Continuing medical education.  The medical 
 school is requested to develop continuing medical education 
 programs for primary care physicians that are comprehensive, 
 community-based, accessible to primary care physicians in all 
 areas of the state, and which enhance primary care skills. 

    HIST: 1992 c 549 art 6 s 6; 1993 c 345 art 11 s 15 

  137.41 Repealed, 1997 c 183 art 3 s 39 

     137.42 Grants for area health education center programs. 

    Subdivision 1.    Grant application.  The Board of 
 Regents of the University of Minnesota, through the Academic 
 Health Center and the University of Minnesota-Duluth School of 
 Medicine, is requested to apply for a federal Area Health 
 Education Center Program grant.  If awarded a grant, the 
 University of Minnesota-Duluth School of Medicine, in 
 cooperation with public or private, nonprofit area health 
 education centers, is requested to plan, develop, and operate 
 area health education center programs.  The University of 
 Minnesota-Duluth School of Medicine is requested to develop 
 cooperative arrangements with two area health education centers 
 in year two of the grant, and develop cooperative arrangements 
 with an additional two centers in year three of the grant. 

    Subd. 2.    Program requirements.  Each program must: 

    (1) provide preceptorship educational experiences for 
 health science students; 

    (2) maintain community-based primary care residency 
 programs or be affiliated with such programs; 

    (3) maintain continuing education programs for health 
 professionals or coordinate its activities with such programs; 

    (4) maintain learning resources and dissemination systems; 

    (5) have agreements with community-based organizations for 
 educating and training health professionals; 

    (6) train health professionals, including nurses and allied 
 health professionals; and 

    (7) carry out recruitment and health career awareness 
 programs among minority and other students in medically 
 underserved areas of the state. 

    HIST: 1995 c 234 art 8 s 27 

     137.43 Substitute physician demonstration project. 

    Subdivision 1.    Establishment.  The Board of Regents, 
 through the University of Minnesota Academic Health Center, is 
 requested to establish and administer a substitute physician 
 (locum tenens and emergency room coverage) demonstration project 
 at up to four rural demonstration sites within the state.  The 
 Academic Health Center is requested to coordinate the 
 administration of the project with the commissioner of health 
 and the Office of Rural Health and Primary Health Care. 

    Subd. 2.    Project activities.  The project must: 

    (1) encourage physicians to serve as substitute physicians 
 for the demonstration sites; 

    (2) provide a central register of physicians interested in 
 serving as substitute physicians at the demonstration sites; 

    (3) provide a referral service for requests from 
 demonstration sites for substitute physicians; and 

    (4) provide substitute physician services at rates that 
 reflect the administrative savings resulting from centralized 
 referral and credentialing. 

    Subd. 3.    Credentialing; professional education.  The 
 Academic Health Center is requested to credential persons 
 desiring to serve as substitute physicians.  The Academic Health 
 Center may employ substitute physicians serving in the 
 demonstration project as temporary clinical faculty and may 
 provide substitute physicians with additional opportunities for 
 professional education and interaction. 

    Subd. 4.    Demonstration sites.  The Academic Health 
 Center is requested to designate up to four rural communities as 
 demonstration sites for the project.  The Academic Health Center 
 is requested to choose sites based on a community's need for 
 substitute physician services and the willingness of the 
 community to work cooperatively with the Academic Health Center 
 and participate in the demonstration project evaluation. 

    HIST: 1995 c 234 art 8 s 28 

     137.44 Health professional education budget plan. 

    The Board of Regents is requested to adopt a biennial 
 budget plan for making expenditures from the funds dedicated for 
 the instructional costs of health professional programs at 
 publicly funded academic health centers and affiliated teaching 
 institutions.  The budget plan may be submitted as part of the 
 University of Minnesota's biennial budget request. 

    HIST: 1999 c 245 art 11 s 3; 2003 c 133 art 2 s 20