2002 Minnesota Statutes

     136A.08 Reciprocal agreements relating to nonresident 
  tuition with other states or provinces. 

    Subdivision 1.    Definitions.  For the purposes of this 
 section, the terms "province" and "provincial" mean the Canadian 
 province of Manitoba. 

    Subd. 2.    Authorization.  The higher education 
 services office, in consultation with the commissioner of 
 finance and each affected public post-secondary board, may enter 
 into agreements, on subjects that include remission of 
 nonresident tuition for designated categories of students at 
 public post-secondary institutions, with appropriate state or 
 provincial agencies and public post-secondary institutions in 
 other states or provinces.  The agreements shall be for the 
 purpose of the mutual improvement of educational advantages for 
 residents of this state and other states or provinces with whom 
 agreements are made.  

    Subd. 3.    Wisconsin.  A higher education reciprocity 
 agreement with the state of Wisconsin may include provision for 
 the transfer of funds between Minnesota and Wisconsin provided 
 that an income tax reciprocity agreement between Minnesota and 
 Wisconsin is in effect for the period of time included under the 
 higher education reciprocity agreement.  If this provision is 
 included, the amount of funds to be transferred shall be 
 determined according to a formula which is mutually acceptable 
 to the office and a duly designated agency representing 
 Wisconsin.  The formula shall recognize differences in tuition 
 rates between the two states and the number of students 
 attending institutions in each state under the agreement.  Any 
 payments to Minnesota by Wisconsin shall be deposited by the 
 office in the general fund of the state treasury.  The amount 
 required for the payments shall be certified by the director of 
 the office to the commissioner of finance annually. 

    Subd. 4.    North Dakota; South Dakota.  A reciprocity 
 agreement with North Dakota may include provision for the 
 transfer of funds between Minnesota and North Dakota.  If 
 provision for transfer of funds between the two states is 
 included, the amount of funds to be transferred shall be 
 determined according to a formula which is mutually acceptable 
 to the office and a duly designated agency representing North 
 Dakota.  In adopting a formula, the office shall consider 
 tuition rates in the two states and the number of students 
 attending institutions in each state under the agreement.  Any 
 payment to Minnesota by North Dakota shall be deposited by the 
 office in the general fund.  The amount required for the 
 payments shall be certified by the director of the office to the 
 commissioner of finance annually.  All provisions in this 
 subdivision pertaining to North Dakota shall also be applied to 
 South Dakota, and all authority and conditions granted for 
 higher education reciprocity with North Dakota are also granted 
 for higher education reciprocity with South Dakota. 

    Subd. 5.    Financial aid.  The office may enter into an 
 agreement, with a state or province with which it has negotiated 
 a reciprocity agreement for tuition, to permit students to 
 receive student aid awards from the student's state or province 
 of residence for attending an eligible institution in the other 
 state or province. 

    Subd. 6.    Approval.  An agreement made by the office 
 under this section is not valid as to a particular institution 
 without the approval of that institution's state or provincial 
 governing board.  A valid agreement under this subdivision that 
 incurs additional financial liability to the state or to any of 
 the Minnesota public post-secondary boards, beyond enrollment 
 funding adjustments, must be submitted to the commissioner of 
 finance and to the chairs of the higher education finance 
 divisions of the senate and house for review.  The agreement 
 remains valid unless it is disapproved in law. 

    HIST: 1967 c 615 s 1; 1967 c 866 s 1; 1971 c 161 s 1; 1974 c 
 532 s 1; 1975 c 271 s 6; 1975 c 321 s 2; 1975 c 390 s 3; 1977 c 
 403 s 4,5; 1987 c 258 s 12; 1989 c 293 s 23; 1990 c 591 art 6 s 
 4; 1Sp1993 c 2 art 2 s 5,6; 1995 c 212 art 3 s 16