The MN House higher-education omnibus bill

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H.F. No. 2065, 1st Engrossment – 87th Legislative Session (2011-2012)   Posted on Mar 27, 2012

1.1A bill for an act

1.24    Section 1. [135A.044] STUDENT HEALTH CARE.

1.25A governing board of a Minnesota public postsecondary system that requires health

1.26benefit plan coverage for students must offer options for health plan coverage. The

1.27options must include an option to waive the requirement to purchase a plan selected by

1.28the institution and must include consideration for the fiscal impact of health plans on the

1.29student or the student’s family. At a minimum, the waiver option must allow students to

1.30purchase health care plans from employer group coverage, private insurers, association

1.31group coverage, and MinnesotaCare.2.1    Sec. 2. Minnesota Statutes 2010, section 135A.14, subdivision 1, is amended to read:

2.2    Subdivision 1. Definitions. As used in this section, the following terms have the

2.3meanings given them.

2.4(a) “Administrator” means the administrator of the institution or other person with

2.5general control and supervision of the institution.

2.6(b) “Public or private postsecondary educational institution” or “institution” means

2.7any of the following institutions having an enrollment of more than 100 persons during

2.8any quarter, term, or semester during the preceding year: (1) the University of Minnesota;

2.9(2) the state universities; (3) the state community colleges; (4) public technical colleges;

2.10(5) private four-year, professional and graduate institutions; (6) private two-year colleges;

2.11and (7) schools subject to either chapter 141, sections 136A.61 to 136A.71, or schools

2.12exempt under section 136A.657, and which offer educational programs within the state

2.13for an academic year greater than six consecutive months. An institution’s report to the

2.14Minnesota Office of Higher Education or the Minnesota Department of Education may be

2.15considered when determining enrollment.

2.16(c) “Student” means a person born after 1956 who did not graduate from a Minnesota

2.17high school in 1997 or later, and who is (1) registering for more than one class during

2.18a full academic term, such as a quarter or a semester or (2) housed on campus and is

2.19registering for one or more classes. Student does not include persons enrolled in extension

2.20classes only or, correspondence classes only, online classes, or evening adult accelerated

2.21programs.2.22    Sec. 3. Minnesota Statutes 2010, section 135A.25, subdivision 5, is amended to read:

2.23    Subd. 5. Bookstores; course materials. The University of Minnesota and private

2.24colleges are encouraged to comply with the requirements for instructors and bookstores

2.25under section 136F.58, subdivision subdivisions 2, 2a, and 3.

2.26    Sec. 4. Minnesota Statutes 2010, section 136A.031, subdivision 3, is amended to read:

2.27    Subd. 3. Student Advisory Council. (a) A Student Advisory Council (SAC) to

2.28the Minnesota Office of Higher Education is established. The members of SAC shall

2.29include, but not be limited to: the chair of the University of Minnesota student senate;

2.30the state chair of the Minnesota State University Student Association; the president of

2.31the Minnesota State College Student Association and an officer of the Minnesota State

2.32College Student Association, one in a community college course of study and one in a

2.33technical college course of study; the president of the Minnesota Association of Private

2.34College Students; and a student who is enrolled in a private vocational school, to be

3.1appointed by the Minnesota Career College Association; and the chair of the Minnesota

3.2Student Legislative Coalition. A member may be represented by a student designee who

3.3attends an institution from the same system that the absent member represents. The SAC

3.4shall select one of its members to serve as chair.

3.5(b) The Minnesota Office of Higher Education shall inform the SAC of all matters

3.6related to student issues under consideration. The SAC shall report to the Minnesota

3.7Office of Higher Education quarterly and at other times that the SAC considers desirable.

3.8The SAC shall determine its meeting times, but it shall also meet with the office within 30

3.9days after the director’s request for a meeting.

3.10(c) The SAC shall:

3.11(1) bring to the attention of the Minnesota Office of Higher Education any matter

3.12that the SAC believes needs the attention of the office;

3.13(2) make recommendations to the Minnesota Office of Higher Education as it finds

3.14appropriate; and

3.15(3) approve student appointments by the Minnesota Office of Higher Education for

3.16each advisory group as provided in subdivision 4.

3.17    Sec. 5. Minnesota Statutes 2010, section 136F.58, is amended by adding a subdivision

3.18to read:

3.19    Subd. 2a. Course schedule and material list. (a) Each state college and university

3.20shall compile a course schedule indicating each course offered by the state college or

3.21university for each term and shall include with the course schedule a list of the required

3.22and recommended course materials that specifies, to the extent practicable, the information

3.23required in subdivision 3, paragraph (c).

3.24(b) At the time required by subdivision 3, paragraph (c), a state college or university

3.25shall publish course schedules and course material lists on the state college’s or university’s

3.26Web site.

3.27    Sec. 6. Minnesota Statutes 2010, section 136F.58, subdivision 3, is amended to read:

3.28    Subd. 3. Notice to purchase. (a) An instructor or department shall make reasonable

3.29efforts to notify a bookstore of the final order for required and recommended course

3.30material at least 30 45 days prior to the commencement of the term.

3.31(b) An instructor or department requiring a new printed textbook edition must notify

3.32the bookstore and students, as required in paragraph (a), if a previous edition of the

3.33textbook is acceptable as a substitute textbook for the course. The course syllabus must

3.34include details provided by the publisher of changes between editions of the textbook.

4.1    (b) (c) The bookstore must make reasonable efforts to notify students of the

4.2following information concerning the required and recommended course material at

4.3least 15 30 days prior to the commencement of the term for which the course material

4.4is required including, but not limited to:

4.5    (1) the title, edition, author, and International Standard Book Number (ISBN) of

4.6the course material;

4.7    (2) the retail price charged in the college or university bookstore for the course

4.8material, including custom textbooks;

4.9    (3) whether the required course material is bundled with optional material, whether

4.10it can be unbundled, and the price for each bundled and unbundled component the name of

4.11the publisher of the course material, except an international textbook purchased directly

4.12from a distributor where no publisher information is readily available; and

4.13    (4) whether the material is available in an alternative format and the cost for the

4.14alternatively formatted material.; and

4.15(5) the most recent copyright date of the printed course material and the copyright

4.16date of the most recent prior edition of the course material, if any.

4.17(d) For purposes of this subdivision, “custom textbooks” means course materials

4.18that are compiled by a publisher at the direction of a faculty member or, if applicable,

4.19the other adopting entity in charge of selecting course materials for courses taught at a

4.20state college or university. Custom textbooks may include items such as selections from

4.21original instructor materials, previously copyrighted publisher materials, copyrighted

4.22third-party works, or elements unique to a specific state college or university.

4.23    Sec. 7. Minnesota Statutes 2010, section 136F.71, subdivision 3, is amended to read:

4.24    Subd. 3. Interest income. Beginning July 1, 1997, Interest income attributable to

4.25general fund dedicated receipts of the board is appropriated to the board. The board shall

4.26allocate the income proportionately among the colleges and universities. The board shall

4.27report this income separately in its biennial budget requests.

4.28EFFECTIVE DATE.This section is effective July 1, 2012.

4.29    Sec. 8. Minnesota Statutes 2010, section 136F.71, is amended by adding a subdivision

4.30to read:

4.31    Subd. 5. Continued operation. Notwithstanding any other law to the contrary, to

4.32the extent that the board has receipts under this section sufficient to continue operations,

4.33the commissioner of management and budget shall provide the board with statewide

4.34systems services under section 16A.1286 and access to its funds as deemed necessary

5.1by the board to continue its operations. The board shall pay for the services received

5.2in accordance with section 16A.1286, including any administrative services necessary

5.3for the commissioner of management and budget to provide the statewide systems

5.4services. In addition, the board shall pay for treasury operations services provided by the

5.5commissioner of management and budget. Payments received by the commissioner of

5.6management and budget under this subdivision are appropriated to the Department of

5.7Management and Budget and may be transferred to the Office of Enterprise Technology

5.8and Administration, if necessary, for the purposes of providing those services.

5.9EFFECTIVE DATE.This section is effective July 1, 2012.

5.10    Sec. 9. Minnesota Statutes 2010, section 136F.98, subdivision 1, is amended to read:

5.11    Subdivision 1. Issuance of bonds. The Board of Trustees of the Minnesota State

5.12Colleges and Universities or a successor may issue revenue bonds under sections 136F.90

5.13to 136F.97 whose aggregate principal amount at any time may not exceed $300,000,000

5.14$405,000,000, and payable from the revenue appropriated to the fund established by

5.15section 136F.94, and use the proceeds together with other public or private money that

5.16may otherwise become available to acquire land, and to acquire, construct, complete,

5.17remodel, and equip structures or portions thereof to be used for dormitory, residence hall,

5.18student union, food service, parking purposes, or for any other similar revenue-producing

5.19building or buildings of such type and character as the board finds desirable for the good

5.20and benefit of the state colleges and universities. Before issuing the bonds or any part

5.21of them, the board shall consult with and obtain the advisory recommendations of the

5.22chairs of the house of representatives Ways and Means Committee and the senate Finance

5.23Committee about the facilities to be financed by the bonds.

5.24    Sec. 10. Minnesota Statutes 2010, section 136G.03, subdivision 7, is amended to read:

5.25    Subd. 7. Contingent account owner. “Contingent account owner” means the

5.26individual person designated as the account owner, either in the participation agreement or

5.27pursuant to a separate Minnesota college savings plan form, in the event of the death of

5.28the account owner.

5.29    Sec. 11. Minnesota Statutes 2010, section 137.022, subdivision 4, is amended to read:

5.30    Subd. 4. Mineral research; scholarships. (a) All income credited after July 1,

5.311992, to the permanent university fund from royalties for mining under state mineral

5.32leases from and after July 1, 1991, must be allocated as provided in this subdivision.

6.1(b)(1) Fifty Beginning January 1, 2013, 50 percent of the income must be allocated

6.2according to this paragraph. One-half of the income under this paragraph, up to

6.3$50,000,000, must be credited to the mineral research account of the fund to be allocated

6.4for the Natural Resources Research Institute-Duluth and Coleraine facilities, for mineral

6.5and mineral-related research including mineral-related environmental research; and. The

6.6other one-half of the income under this paragraph, up to $25,000,000, is credited to an

6.7endowment for the costs of operating a mining, metallurgical, or related engineering

6.8degree program offered through the University of Minnesota at Mesabi Range Community

6.9and Technical College and for scholarships for students to attend the mining, metallurgical,

6.10or related engineering program.

6.11(2) The remainder of the income under paragraph (a) and the amount of any income

6.12over the $25,000,000 for the engineering program under clause (1) must be credited

6.13to the endowed scholarship account of the fund for distribution annually for scholastic

6.14achievement as provided by the Board of Regents to undergraduates enrolled at the

6.15University of Minnesota who are resident students as defined in section 136A.101,

6.16subdivision 8 .

6.17(c) The annual distribution from the endowed scholarship account must be allocated

6.18to the various campuses of the University of Minnesota in proportion to the number of

6.19undergraduate resident students enrolled on each campus.

6.20(d) The Board of Regents must report to the education committees of the legislature

6.21biennially at the time of the submission of its budget request on the disbursement of money

6.22from the endowed scholarship account and to the environment and natural resources

6.23committees on the use of the mineral research account.

6.24(e) Capital gains and losses and portfolio income of the permanent university fund

6.25must be credited to its three accounts in proportion to the market value of each account.

6.26(f) The endowment support from the income and capital gains of the endowed

6.27mineral research and endowed scholarship accounts of the fund must not total more than

6.28six percent per year of the 36-month trailing average market value of the account from

6.29which the support is derived.

6.30    Sec. 12. Minnesota Statutes 2010, section 141.35, is amended to read:

6.31141.35 EXEMPTIONS.

6.32    Sections 141.21 to 141.32 shall not apply to the following:

6.33    (1) public postsecondary institutions;

6.34    (2) postsecondary institutions registered under sections 136A.61 to 136A.71;

7.1    (3) schools of nursing accredited by the state Board of Nursing or an equivalent

7.2public board of another state or foreign country;

7.3    (4) private schools complying with the requirements of section 120A.22, subdivision

7.44 ;

7.5    (5) courses taught to students in a valid apprenticeship program taught by or

7.6required by a trade union;

7.7    (6) schools exclusively engaged in training physically or mentally disabled persons

7.8for the state of Minnesota;

7.9    (7) schools licensed by boards authorized under Minnesota law to issue licenses

7.10except schools required to obtain a private career school license due to the use of

7.11“academy,” “institute,” “college,” or “university” in their names;

7.12    (8) schools and educational programs, or training programs, contracted for by

7.13persons, firms, corporations, government agencies, or associations, for the training of their

7.14own employees, for which no fee is charged the employee;

7.15    (9) schools engaged exclusively in the teaching of purely avocational, recreational,

7.16or remedial subjects as determined by the office except schools required to obtain a private

7.17career school license due to the use of “academy,” “institute,” “college,” or “university” in

7.18their names unless the school used “academy” or “institute” in its name prior to August

7.191, 2008;

7.20    (10) classes, courses, or programs conducted by a bona fide trade, professional, or

7.21fraternal organization, solely for that organization’s membership;

7.22    (11) programs in the fine arts provided by organizations exempt from taxation

7.23under section 290.05 and registered with the attorney general under chapter 309. For

7.24the purposes of this clause, “fine arts” means activities resulting in artistic creation or

7.25artistic performance of works of the imagination which are engaged in for the primary

7.26purpose of creative expression rather than commercial sale or employment. In making

7.27this determination the office may seek the advice and recommendation of the Minnesota

7.28Board of the Arts;

7.29    (12) classes, courses, or programs intended to fulfill the continuing education

7.30requirements for licensure or certification in a profession, that have been approved by

7.31a legislatively or judicially established board or agency responsible for regulating the

7.32practice of the profession, and that are offered exclusively to an individual practicing

7.33the profession;

7.34    (13) classes, courses, or programs intended to prepare students to sit for

7.35undergraduate, graduate, postgraduate, or occupational licensing and occupational

7.36entrance examinations;

8.1    (14) classes, courses, or programs providing 16 or fewer clock hours of instruction

8.2that are not part of the curriculum for an occupation or entry level employment except

8.3schools required to obtain a private career school license due to the use of “academy,”

8.4“institute,” “college,” or “university” in their names;

8.5    (15) classes, courses, or programs providing instruction in personal development,

8.6modeling, or acting;

8.7    (16) training or instructional programs, in which one instructor teaches an individual

8.8student, that are not part of the curriculum for an occupation or are not intended to prepare

8.9a person for entry level employment; and

8.10    (17) schools with no physical presence in Minnesota, as determined by the office,

8.11engaged exclusively in offering distance instruction that are located in and regulated

8.12by other states or jurisdictions.

8.13EFFECTIVE DATE.This section is effective retroactively from August 1, 2008.

8.14    Sec. 13. Minnesota Statutes 2010, section 299A.45, subdivision 1, is amended to read:

8.15    Subdivision 1. Eligibility. A person is eligible to receive educational benefits under

8.16this section if the person:

8.17    (1) is certified under section 299A.44 and in compliance with this section and rules

8.18of the commissioner of public safety and the Minnesota Office of Higher Education;

8.19    (2) is enrolled in an undergraduate degree or certificate program after June 30, 1990,

8.20or a graduate degree or certificate program after June 30, 2011, at an eligible Minnesota

8.21institution as provided in section 136A.101, subdivision 4;

8.22    (3) has not received a baccalaureate degree or been enrolled full time for nine

8.23semesters or the equivalent, except that a student who withdraws from enrollment for

8.24active military service is entitled to an additional semester or the equivalent of eligibility

8.25benefits for the maximum duration specified in subdivision 4; and

8.26    (4) is related in one of the following ways to a public safety officer killed in the

8.27line of duty on or after January 1, 1973:

8.28    (i) as a dependent child less than 23 years of age;

8.29    (ii) as a surviving spouse; or

8.30    (iii) as a dependent child less than 30 years of age who has served on active military

8.31duty 181 consecutive days or more and has been honorably discharged or released to the

8.32dependent child’s reserve or National Guard unit.

8.33EFFECTIVE DATE.This section is effective retroactively from July 1, 2011.

9.1    Sec. 14. Minnesota Statutes 2010, section 299A.45, subdivision 2, is amended to read:

9.2    Subd. 2. Award amount. (a) The amount of the award is the lesser of:

9.3(1) the average tuition and fees charged by the institution; or

9.4(2) the tuition maximums established by law for the state grant program under

9.5section 136A.121. The tuition maximum for graduate study is the maximum established

9.6by law for the state grant program for four-year programs.

9.7(b) An award under this subdivision must not affect a recipient’s eligibility for a

9.8state grant under section 136A.121.

9.9(c) For the purposes of this subdivision, “fees” include only those fees that are

9.10mandatory and charged to all students attending the institution.

9.11(d) For the purpose of benefits awarded under this section, “full time” for a graduate

9.12program is eight or more credits per term or the equivalent.

9.13EFFECTIVE DATE.This section is effective retroactively from July 1, 2011.

9.14    Sec. 15. Minnesota Statutes 2010, section 340A.404, subdivision 4a, is amended to

9.15read:

9.16    Subd. 4a. Publicly owned recreation; entertainment facilities. (a)

9.17Notwithstanding any other law, local ordinance, or charter provision, the commissioner

9.18may issue on-sale intoxicating liquor licenses:

9.19    (1) to the state agency administratively responsible for, or to an entity holding a

9.20concession or facility management contract with such agency for beverage sales at, the

9.21premises of any Giants Ridge Recreation Area building or recreational improvement area

9.22owned by the state in the city of Biwabik, St. Louis County;

9.23    (2) to the state agency administratively responsible for, or to an entity holding a

9.24concession or facility management contract with such agency for beverage sales at, the

9.25premises of any Ironworld Discovery Center building or facility owned by the state at

9.26Chisholm;

9.27    (3) to the Board of Regents of the University of Minnesota for events at Northrop

9.28Auditorium, the intercollegiate football stadium, or including any games played by the

9.29Minnesota Vikings at the stadium, and at no more than seven other locations within the

9.30boundaries of the University of Minnesota, provided that the Board of Regents has

9.31approved an application for a license for the specified location and provided that a license

9.32for an arena or an intercollegiate football stadium location is void unless it requires the

9.33sale or service of intoxicating liquor in a public portion consisting of at least one-third of

9.34the general seating of a stadium or arena meets the conditions of paragraph (b). It is solely

10.1within the discretion of the Board of Regents to choose the manner in which to carry out

10.2this condition these conditions consistent with the requirements of paragraph (b); and

10.3(4) to the Duluth Entertainment and Convention Center Authority for beverage

10.4sales on the premises of the Duluth Entertainment and Convention Center Arena during

10.5intercollegiate hockey games.

10.6    The commissioner shall charge a fee for licenses issued under this subdivision in an

10.7amount comparable to the fee for comparable licenses issued in surrounding cities.

10.8    (b) No alcoholic beverage may be sold or served at TCF Bank Stadium unless the

10.9Board of Regents holds an on-sale intoxicating liquor license for the stadium as provided

10.10in paragraph (a), clause (3), that provides for the sale of intoxicating liquor at a location in

10.11the stadium that is convenient to the general public attending an intercollegiate football

10.12game at the stadium. On-sale liquor sales to the general public must be available at that

10.13location through half-time of an intercollegiate football game at TCF Bank Stadium.

10.14    Sec. 16. EXPIRATION.

10.15The changes in section 15 to Minnesota Statutes, section 340A.404, subdivision

10.164a, expire July 1, 2014.

10.17    Sec. 17. UNIVERSITY OF MINNESOTA APPROPRIATION TRANSFER TO

10.18HENNEPIN COUNTY MEDICAL CENTER.

10.19The regents of the University of Minnesota must transfer $645,000 in fiscal year

10.202012 and $645,000 in fiscal year 2013 from the appropriations made to it for operations

10.21and maintenance in Laws 2011, First Special Session chapter 5, article 1, section 5, to the

10.22Hennepin County Medical Center for graduate family medicine education programs at

10.23Hennepin County Medical Center.

10.24EFFECTIVE DATE.This section is effective the day following final enactment.

10.25    Sec. 18. MINNESOTA STATE COLLEGES AND UNIVERSITIES TEXTBOOK

10.26WORK GROUP.

10.27The Board of Trustees of the Minnesota State Colleges and Universities shall

10.28establish a work group to study methods that result in lower textbook costs for

10.29students. Methods include studying alternative textbook delivery methods, including a

10.30cross-campus shared delivery system for textbooks, the expansion of electronic textbooks

10.31with an assessment of effective methods for delivering e-books to students, and other

10.32technology-based innovative or best practices methods to bring real cost savings to

10.33students. The goal of this work group is to help assess current practices, present a stable

11.1of business strategies, technologies, and campus deployment plans that are effective in

11.2driving down the cost of learning resources for students while offering greater access to

11.3no- or low-cost academic content for faculty.

11.4    Sec. 19. TEACHER PERFORMANCE ASSESSMENT STUDENT FEE.

11.5Notwithstanding any law or rule to the contrary, a student in a teacher preparation

11.6program at a Minnesota state university must not be charged a fee by the Minnesota

11.7Board of Teaching, the Minnesota State Colleges and Universities, or a state university for

11.8taking or scoring an assessment test intended to evaluate teacher preparation programs.

11.9A Minnesota State College and University student must not be charged a fee for the

11.10teacher performance assessment or another assessment test given to students to fulfill the

11.11requirement to assure the effectiveness of teacher preparation programs under Minnesota

11.12Statutes, section 122A.09, subdivision 4, paragraph (d).

11.13EFFECTIVE DATE.This section is effective the day following final enactment.