Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1988, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1988
CHAPTER 703-S.F.No. 2569
An act relating to education; appropriating money to
the higher education coordinating board, regents of
the University of Minnesota, state university board,
state board for community colleges, and state board of
vocational technical education, with certain
conditions; authorizing bonding for capital
improvements; making or requesting changes in the
terms of tuition, audits, land funds, programs, and
provision of goods and services at one or more
post-secondary institutions, systems, or boards;
requiring reports; amending Minnesota Statutes 1986,
sections 3.971, subdivision 1; 92.05; 136.31, by
adding a subdivision; 136.41, by adding subdivisions;
and 248.07, subdivisions 7 and 12; Minnesota Statutes
1987 Supplement, sections 135A.04; and 248.07,
subdivision 8; Laws 1987, chapter 401, section 2,
subdivision 6; proposing coding for new law in
Minnesota Statutes, chapters 135A and 137; repealing
Minnesota Statutes 1986, sections 136.26; and 136C.13,
subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
Section 1. [APPROPRIATIONS.]
The amounts in the columns under "APPROPRIATIONS" are
appropriated from the general fund or other named fund to the
agencies for the purposes specified in this act. The
appropriations are available for the fiscal years indicated for
each purpose. The figure "1988" or "1989," when used to refer
to the fiscal year of appropriations, means that the
appropriations listed under the figure are available for the
fiscal year ending June 30, 1988, or June 30, 1989, respectively.
SUMMARY BY FUND
1988 1989 TOTAL
GENERAL $5,700,000 $18,356,500 $24,056,500
Summary by Agency -- All Funds
Higher Education
Coordinating Board 5,700,000 1,235,000 6,935,000
State Board of Vocational
Technical Education - 1,907,800 1,907,800
State Board for Community
Colleges - 6,014,400 6,014,400
State University Board - 7,799,300 7,799,300
Regents of the University
of Minnesota - 1,400,000 1,400,000
APPROPRIATIONS
Available for the Fiscal Year
Ending June 30
1988 1989
Sec. 2. HIGHER EDUCATION
COORDINATING BOARD - TOTAL $5,700,000 $1,235,000
Subdivision 1. Average Cost Funding
Task Force
The HECB shall distribute agendas,
minutes, and reports of the average
cost funding task force to the chairs
of the senate education and finance
committees and the house higher
education and appropriations committees.
Subd. 2. State Scholarships
and Grants
$5,700,000 $500,000
This appropriation is added to the
appropriation for the same purpose in
Laws 1987, chapter 401, section 2,
subdivision 3.
The legislature intends that the board
make full scholarship and grant awards
in fiscal year 1989. The HECB may
request the necessary appropriation in
the 1989 legislative session if the
fiscal year 1989 money is insufficient
to make full awards.
During the biennium, the HECB may
transfer unencumbered balances among
the accounts provided in Laws 1987,
chapter 401, section 2, to the
scholarship and grant account. Before
the transfer, the HECB shall consult
with the chairs of the house
appropriations and senate finance
committees.
During the biennium, the HECB may ask
the commissioner of finance to loan
general fund money to the scholarship
and grant account to ease cash flow
difficulties. The HECB must first
certify to the commissioner that there
will be adequate refunds to the account
to repay the loan. The commissioner
shall use the refunds to make repayment
to the general fund of the full amount
loaned. Money necessary to meet cash
flow difficulties in the state
scholarship and grant program is
appropriated to the commissioner of
finance for loans to HECB.
Subd. 3. Study of Statewide Higher
Education Needs $375,000
$350,000 is to begin a study of the
post-secondary needs of the state. The
study shall be divided into two
phases. The first phase, to be
undertaken in 1988, must concentrate on
the needs of the population corridor
extending from St. Cloud to Rochester.
The second phase, to be undertaken in
1989, must concentrate on the other
regions of the state. The HECB may
contract for portions of the study, as
necessary. Both phases of the study
must focus on (1) an assessment of the
current and future conditions and
needs; (2) strategies to meet these
needs; (3) costs associated with the
strategies; and (4) effects of the
strategies on existing institutions,
state policies, and system and
institutional missions.
Both phases of the study should include
consideration of at least the following
concerns: the current and projected
demographic and participation trends;
current level and types of services
available; needs of traditional,
nontraditional, and minority students;
the geographical accessibility of
services needed by different types of
students; uses of alternative delivery
systems, technology, cooperative
efforts, and reciprocity agreements;
and the physical capacity of existing
institutions. The HECB shall seek
matching money for the study. The HECB
shall report its findings on the first
phase to the education and finance
committees of the senate and the higher
education and appropriations committees
of the house by February 1, 1989. The
study shall serve as the 1988
intersystem plan for the post-secondary
systems as required in section 135A.06,
subdivision 2.
$25,000 is for a study, to be conducted
simultaneously with the first phase, on
the procedures necessary, fiscal
implications, and effects of
implementing alternative governance
arrangements of two-year public
post-secondary institutions. The HECB
shall report the results of this study
to the education and finance committees
of the senate and the higher education
and appropriations committees of the
house by March 1, 1989.
If either appropriation is
insufficient, the HECB may transfer
money within this subdivision, after
notifying the chairs of the house
appropriations and senate finance
committees.
Subd. 4. Other Appropriations
(a) Job Skills Partnership
The appropriation in Laws 1987, chapter
386, article 10, section 9, for the Job
Skills Partnership does not cancel but
is available until expended. Up to
$75,000 of the appropriation may be
used for administrative expenses. The
Partnership shall seek future funding
from the Greater Minnesota Corporation.
(b) Quality Assessment
$150,000
(c) Minority Education Partnership
$10,000
(d) Model Enterprise Development and
Innovation Centers
$200,000
This appropriation may be used to
support existing and new model
centers. The program shall seek future
funding from the Greater Minnesota
Corporation.
Sec. 3. STATE BOARD OF
VOCATIONAL TECHNICAL EDUCATION - TOTAL 1,907,800
(a) Curriculum Restructuring
$450,000
This is a nonrecurring appropriation
and will not be included to calculate
the base for the 1989-1991 biennial
budget.
(b) Increased Enrollment
$1,007,800
This appropriation is based on an
entitlement of $1,185,600. This is a
nonrecurring appropriation and will not
be included when calculating the base
for the 1989-1991 biennial budget.
This appropriation is based on
estimated enrollments for 1989 of
40,548. If actual enrollments are
different from this estimate, the
commissioner of finance shall calculate
the effect for the general fund due to
the difference and include an
adjustment in the budget for fiscal
year 1990. The legislature intends
that the board use this appropriation
for curriculum restructuring.
(c) State Council on Vocational
Technical Education
$50,000
This appropriation is added to the
appropriation for the council in Laws
1987, chapter 401, section 3,
subdivision 4.
(d) Services for Handicapped Students
$400,000
This appropriation is for
noninstructional expenditures.
Sec. 4. STATE BOARD FOR COMMUNITY
COLLEGES - TOTAL 6,014,400
(a) Increased Enrollment
$4,964,400
This is a nonrecurring appropriation
and will not be included when
calculating the base for the 1989-1991
biennial budget. This appropriation is
based on estimated enrollments for 1989
of 29,723. If actual enrollments are
different from this estimate, the
commissioner of finance shall calculate
the effect for the general fund due to
the difference and include an
adjustment in the budget for fiscal
year 1990.
(b) Instructional Equipment and
Base Adjustment
$1,000,000
The legislature estimates that the
amount of instructional expenditures
will increase $1,492,500.
(c) Wolf Center Program
$50,000
This appropriation must not be spent
until the community college board has
approved the academic program for the
Wolf Center. This appropriation does
not determine the appropriate location
to offer the program.
Sec. 5. STATE UNIVERSITY BOARD - TOTAL 7,799,300
(a) Increased Enrollment
$7,349,300
This is a nonrecurring appropriation
and will not be included when
calculating the base for the 1989-1991
biennial budget. This appropriation is
based on estimated enrollments for 1989
of 50,112. If actual enrollments are
different from this estimate, the
commissioner of finance shall calculate
the effect for the general fund due to
the difference and include an
adjustment in the budget for fiscal
year 1990.
(b) Winona State Engineering
The $500,000 appropriated in Laws 1987,
chapter 401, section 5, subdivision 2,
may be spent by the state university
board for the Winona engineering school
upon the legislature receiving a
positive recommendation regarding
program review from the HECB and
documentation that $250,000 of the
appropriation has been matched by
contributions from nonstate sources.
This matching requirement may be
satisfied with donated equipment and
supplies necessary to the program,
after consulting with the chairs of the
finance and appropriations committees.
(c) Arrowhead Upper Division
$50,000
This appropriation is to study and
develop an upper division component
within the Arrowhead Community College
Region through Bemidji State
University. The money is to employ a
coordinator who shall establish an
administrative framework, and
coordinate and improve student
services. The state university board
shall report its progress in meeting
the upper division needs of
northeastern Minnesota to the house
appropriations and senate finance
committees by February 1, 1989.
(d) Southwest State Science and Technology
Resource Center
$400,000
The Science and Technology Resource
Center shall seek future funding from
the Greater Minnesota Corporation.
Sec. 6. REGENTS OF THE
UNIVERSITY OF MINNESOTA - TOTAL 1,400,000
Subdivision 1. Operations and
Maintenance
(a) The regents are requested to employ
persons qualified to provide the board
with fiscal and policy information,
oversight, and analysis on matters
requiring the regents' attention or
action. The staff should be
independent from the University
administration and should be
responsible solely to the regents. The
board shall report its action under
this paragraph to the chairs of the
senate finance and house appropriations
committees by December 1, 1988.
(b) In allocating the University's
central reserves, the regents are
requested to be cognizant of the needs
of the coordinate campuses.
(c) The University of Minnesota is
requested to develop fire safety
standards, applicable to cigarettes and
little cigars. The funding for the
development of the standards should be
included in the University's 1989-1991
biennial budget request.
Subd. 2. Special Appropriations
(a) Supercomputer Institute
$1,100,000
This appropriation is available only if
the board of regents purchases or
enters into a new lease agreement,
after the effective date of this
provision, for a second supercomputer
architecture. The board shall report
to the chairs of the senate finance and
house appropriations committees whether
it has obtained a second supercomputer
architecture and, if it has entered
into a lease agreement, the terms and
conditions of the lease agreement. The
board may request money to continue a
lease agreement in its budget request
to the 1989 legislature.
(b) Rochester Graduate Education
$300,000
The legislature estimates that $450,000
in fiscal year 1989 is for the
University of Minnesota to provide
graduate degree programs in the
Rochester area. To the extent
possible, programs in electrical
engineering, computer science, and
technology management shall be
offered. The appropriation is for
instructional expenditures. The
University is requested to prepare a
report on short and long range plans
for program development, faculty
recruitment, availability and uses of
adjunct faculty, estimates of costs for
five years, and a timetable for
establishment of graduate programs. To
assist in these determinations, the
regents shall establish a permanent
local advisory committee composed of
persons, including representatives of
the business community, who reside in
the Rochester area and who have
knowledge of, and interest in, graduate
level education. The University shall
report its findings to the house
appropriations and senate finance
committees by February 1, 1989. The
report must be submitted to the HECB
for review and comment before its
submission to the legislature. The
HECB shall review the delivery of
graduate level programs in the
Rochester area and report its findings
to the house appropriations and senate
finance committees by February 1,
1990. This appropriation shall not
cancel but shall be available until
expended. Money available from any
other source may not supplant this
appropriation but shall be added to it.
Sec. 7. Minnesota Statutes 1986, section 3.971,
subdivision 1, is amended to read:
Subdivision 1. To perform financial audits the legislative
auditor shall postaudit and make a complete examination and
verification of all accounts, records, inventories, vouchers,
receipts, funds, securities, and other assets of the University
of Minnesota, all state departments, boards, commissions, and
other state agencies at least once a year, if funds money and
personnel permit, and oftener if deemed necessary or as directed
by the legislature or the legislative audit commission. Audits
may include detailed checking of every transaction or test
checking as the legislative auditor deems best. The books of
the state treasurer and commissioner of finance may be examined
monthly. The legislative auditor shall see that all provisions
of law respecting the appropriate and economic use of public
funds are complied with by all departments and agencies of the
state government.
A copy of all postaudits, reports and results of
examinations made by the legislative auditor shall be deposited
with the legislative reference library.
Sec. 8. Minnesota Statutes 1986, section 92.05, is amended
to read:
92.05 [SALT LANDS, BY WHOM SOLD.]
The board of regents of the University of Minnesota shall
have charge of the state salt lands donated by the United States
to aid in the development of the brines in the state. The board
of regents may sell these lands. The proceeds from the sales
must be held in trust and must be disbursed in accordance with
the law providing for a geological and natural history survey.
The university may execute, in its name, deeds of conveyance of
these lands. The proceeds of the sale of the lands when
invested constitute a permanent fund, called the university salt
land fund. The university board of regents shall control and
manage the university salt land fund.
The university salt land fund is considered a nonstate
source for purposes of section 137.022, subdivision 3. The
board of regents may use the income from the fund to match
income from the permanent university fund for use by the
university campuses at Crookston, Duluth, Morris, and Waseca for
the purposes set forth in section 137.022, subdivision 3.
Sec. 9. Minnesota Statutes 1987 Supplement, section
135A.04, is amended to read:
135A.04 [VARIABLE TUITION.]
The board of regents of the University of Minnesota, state
university board, state board for community colleges, and state
board for vocational education shall establish tuition. Tuition
may vary by program, level of instruction, cost of instruction,
or other classifications determined by each board. In all
systems that have a credit hour basis, tuition rates must be
established on that basis and must not apply across a variable
number of credits. Tuition may be set at any percentage of
instructional cost established by the respective boards.
Sec. 10. [135A.11] [COMMUNITY SERVICE.]
Each public post-secondary system is requested to review
its curricula, especially in required courses in general
education and departmental majors, to determine the current and
future opportunities for incorporating community service
components. Each system is encouraged to locate curricular
areas in which the system can assist students to voluntarily
pursue community service that is relevant to their studies.
Sec. 11. [135A.12] [UNIQUE NEEDS AND ABILITIES OF AMERICAN
INDIAN PEOPLE.]
Subdivision 1. [APPLICABILITY.] This section applies to
the higher education coordinating board, each public
post-secondary governing board, each public post-secondary
institution, and each school board that operates a technical
institute.
Subd. 2. [PROGRAMS AND SERVICES.] The board of each
institution, at the request of ten or more full-time American
Indian students, shall establish an advisory committee, in
consultation with tribal designated representatives. The
advisory committee shall recommend instructional programs and
student services to meet the unique needs of American Indian
people.
Subd. 3. [AMERICAN INDIAN LANGUAGES.] A student who is
proficient in an American Indian language shall have the
opportunity to be assessed, placed, or to receive credit for
skills in that language in the same manner that a student is
assessed, placed, or receives credit for skills in languages
other than the English language.
Subd. 4. [QUALIFICATIONS FOR AMERICAN INDIAN STUDIES AND
SERVICES.] American Indian individuals who understand and have
demonstrated knowledge of American Indian language, history, or
culture may be considered to be competent to provide instruction
in American Indian language, history, or culture programs.
Qualifications to provide noninstructional services at
post-secondary institutions for American Indian people must take
into consideration knowledge of and understanding of American
Indian language, history, or culture.
Subd. 5. [CONSULTATION.] When the higher education
coordinating board conducts studies, performs evaluations,
reviews programs, and makes recommendations that affect
educational programs and services for American Indian people, it
shall consult with tribal designated representatives.
Sec. 12. [135A.13] [STUDENT SERVICES PRICES.]
The governing board of each public post-secondary system is
requested to establish prices for goods and services sold
through student services that approximate as nearly as possible
the cost of providing quality goods and services.
Sec. 13. Minnesota Statutes 1986, section 136.31, is
amended by adding a subdivision to read:
Subd. 7. Except as provided in this subdivision, the board
may irrevocably appropriate and use any money, other than direct
state appropriations and tuition receipts appropriated by
section 136.11, subdivision 1, held by it to discharge or
otherwise provide for the payment of the interest coming due on
its revenue bonds outstanding on the effective date of this
section until paid and of the principal and any premium coming
due on the bonds at maturity or upon any earlier date upon which
the bonds are called for redemption. For this purpose, the
board may exercise all powers conferred upon it under
subdivision 6 with respect to escrow agents and escrow accounts,
and may provide for the funding of the escrow accounts with
securities of the type referred to in subdivision 6 and
certificates of deposit, time deposits, and investment
agreements issued by the escrow agent or any other financial
institution. This subdivision does not authorize the
appropriation or use of board money to secure outstanding
revenue bonds contrary to a board resolution authorizing the
issuance and providing for the security of the bonds, or the use
of other board money contrary to the terms of a contract,
specific legislative appropriation, or law.
Sec. 14. Minnesota Statutes 1986, section 136.41, is
amended by adding a subdivision to read:
Subd. 8. The state university board or a successor may
issue additional revenue bonds under sections 136.31 to 136.38
in an aggregate principal amount not exceeding $40,000,000,
subject to the resolutions authorizing its outstanding revenue
bonds, and payable from the revenue appropriated to the fund
established by section 136.35, 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 to be used for dormitory,
residence hall, student union, food service, and related parking
purposes at the state 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
appropriations committee and the senate finance committee about
the facilities to be financed by the bonds.
Sec. 15. Minnesota Statutes 1986, section 136.41, is
amended by adding a subdivision to read:
Subd. 9. The bonds authorized by this section may be
issued without regard to whether the interest to be paid on them
is includable in gross income for federal tax purposes.
However, if it is intended that the interest on the bonds be
exempt from federal income taxes, an officer of the board shall
certify for the board on the date of issue the facts, estimates,
and circumstances that lead the officer reasonably to expect
that the proceeds of the bonds and the facilities financed by
them will not be used to cause the interest on the bonds to be
subject to federal income taxes; the board may covenant and
agree with the holders of the bonds that it will comply with the
provisions of the United States Internal Revenue Code now or
hereafter enacted that do or may apply to the bonds and that
establish conditions under which the interest to be paid on the
bonds will not be subject to federal income taxes; and the
officers of the board shall take the actions or refrain from
taking the actions necessary to comply with the covenants.
Money required to be spent to comply may be appropriated by the
board from the fund established by section 136.35.
Sec. 16. [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. 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 the members shall be
appointed to six-year terms with one-third 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
February 1 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.
Sec. 17. [INITIAL TERMS.]
By September 1, 1988, each appointing authority shall
appoint four members to terms that expire January 1990, four
members to terms that expire January 1992, and four members to
terms that expire January 1994.
Sec. 18. [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.
Sec. 19. Minnesota Statutes 1986, section 248.07,
subdivision 7, is amended to read:
Subd. 7. [BLIND, VENDING STANDS AND MACHINES ON
GOVERNMENTAL PROPERTY.] Notwithstanding any other law, for the
rehabilitation of blind persons the commissioner shall have
exclusive authority to establish and to operate vending stands
and vending machines in all buildings and properties owned or
rented exclusively by the state university or community college
systems or by any department or agency of the state of Minnesota
except the department of natural resources properties operated
directly by the division of state parks and not subject to
private leasing. The merchandise to be dispensed by such
vending stands and machines may include soft drinks, (except 3.2
beer), milk nonalcoholic beverages, food, candies, tobacco,
souvenirs, notions and related items. Such vending stands and
vending machines herein authorized shall be operated on the same
basis as other vending stands for the blind established and
supervised by the commissioner under federal law. The
commissioner may shall waive this authority to displace any
present private individual concessionaire in any state-owned or
rented building or property who is operating under a contract
with a specific renewal or termination date, until the renewal
or termination date. With the consent of the governing body of
a governmental subdivision of the state, the commissioner may
establish and supervise vending stands and vending machines for
the blind in any building or property exclusively owned or
rented by the governmental subdivision.
Sec. 20. Minnesota Statutes 1987 Supplement, section
248.07, subdivision 8, is amended to read:
Subd. 8. [USE OF REVOLVING FUND, LICENSES FOR OPERATION OF
VENDING MACHINES.] The revolving fund created by Laws 1947,
chapter 535, section 5, is continued as provided in this
subdivision and shall be known as the revolving fund for
vocational rehabilitation of the blind. It shall be used for
the purchase of equipment and supplies for establishing and
operating of vending stands by blind persons. All income,
receipts, earnings, and federal grants due to the operation
thereof shall also be paid into the fund. All interest earned
on money accrued in the fund must be credited to the fund by the
state treasurer. All equipment, supplies, and expenses for
setting up these stands shall be paid for from the fund.
Authority is hereby given to the commissioner to use the money
available in the revolving fund that originated as operational
charges to individuals licensed under this subdivision for the
establishment, operation, and supervision of vending stands by
blind persons for the following purposes: (1) purchase, upkeep
and replacement of equipment; (2) purchase of initial and
replacement stock of supplies and merchandise; (3) expenses
incidental to the setting up of new stands and improvement of
old stands; (4) purchase of general liability insurance as
deemed advisable for any vending stand by the commissioner;
(5) (3) reimbursement under section 15.059 to individual blind
vending operators for reasonable travel and maintenance expenses
incurred in attending supervisory meetings as called by the
commissioner and other expenditures for management services
consistent with federal law; (6) and (4) purchase of fringe
benefits for blind vending operators and their employees such as
group health insurance, retirement program, vacation or sick
leave assistance provided that the purchase of any fringe
benefit is approved by a majority vote of blind vending
operators licensed pursuant to this subdivision after the
commissioner provides to each blind vending operator information
on all matters relevant to the fringe benefits. Fringe benefits
shall be paid only from assessments of operators for specific
benefits, gifts to the fund for fringe benefit purposes, and
vending income which is not assignable to an individual stand.
Money originally deposited as merchandise and supplies
repayments by individuals licensed under this subdivision may be
expended for initial and replacement stocks of supplies and
merchandise. Money originally deposited from vending income on
federal property must be spent consistent with federal law.
All other deposits may be used for the purchase of general
liability insurance or any other expense related to the
operation and supervision of vending stands.
The commissioner shall issue each license for the operation
of a vending stand or vending machine for an indefinite period
but may terminate any license in the manner provided. In
granting licenses for new or vacated stands preference on the
basis of seniority of experience in operating stands under the
control of the commissioner shall be given to capable operators
who are deemed competent to handle the enterprise under
consideration. Application of this preference shall not
prohibit the commissioner from selecting an operator from the
community in which the stand is located.
Sec. 21. Minnesota Statutes 1986, section 248.07,
subdivision 12, is amended to read:
Subd. 12. [REIMBURSEMENT OUT OF STATE DISTRIBUTION OF
BRAILLE AND SPECIAL MATERIALS.] The commissioner shall obtain
reimbursement from other states for the estimated cost of
providing radio signals, programming, and radio receivers for
the blind and for production and handling of Braille books,
audio tapes, and related services for the blind distributed by
the department of jobs and training to users in such other
states and may contract with the appropriate authorities of such
states to effect such reimbursement. All money received
hereunder shall be paid to the state treasurer and placed in the
general special revenue fund and is appropriated to the
commissioner of jobs and training for the purposes of this
subdivision.
Sec. 22. Laws 1987, chapter 401, section 2, subdivision 6,
is amended to read:
Subd. 6. Income Contingent Loans
$110,000 $158,100
This appropriation is for an income
contingent loan repayment program to
assist graduates of Minnesota schools
in medical, dental, pharmacy,
chiropractic medicine, public health,
and veterinary medicine and Minnesota
residents graduating from optometry and
osteopathy programs in repaying their
student debt by providing a repayment
plan based on their annual income. The
HECB shall study the possible inclusion
of students in other academic programs
including optometry and osteopathy and
report its recommendations to the
appropriations and finance committees
by December 1, 1987. During the
biennium, applicant data collected by
the HECB for this program may be
disclosed to a consumer credit
reporting agency under the same
conditions as apply to the supplemental
loan program according to section
136A.162.
Sec. 23. [FACULTY EXCHANGE PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] A program of faculty
exchange for the 1988-1989 academic year is established to allow
school districts and post-secondary institutions to arrange
temporary exchanges between members of their instructional
staff. These arrangements must be made on a voluntary,
cooperative basis between the school district and the
institution.
Subd. 2. [USES OF PROGRAM.] Each participating school
district and post-secondary institution may determine the way in
which the instructional staff member's time is to be used, but
it must be in a way that promotes understanding of the needs of
each educational system. A public school teacher might be used
to teach courses, provide counseling and tutorial services,
assist with the preparation of future teachers, or take
professional development courses. A post-secondary instructor
might teach advanced placement courses or other classes to aid
an underserved population at the school district, counsel
students about future education plans, or work with teachers to
better prepare students for post-secondary education.
Participation need not be limited to one school or institution
and may involve other groups including educational cooperative
service units.
Subd. 3. [SALARIES, BENEFITS, CERTIFICATION.] Exchanges
made under the program must not have a negative effect on
participants' salaries, seniority, or other benefits.
Notwithstanding Minnesota Statutes, sections 123.35, subdivision
6, and 125.04, a member of the instructional staff of a
post-secondary institution may teach in an elementary or
secondary school or perform a service, agreed upon according to
this section, for which a license would otherwise be required
without holding the applicable license. In addition, a licensed
employee of a school district may teach or perform a service,
agreed upon according to this section, at a post-secondary
institution without meeting the applicable qualifications of the
post-secondary institution. A school district is not subject to
Minnesota Statutes, section 124.19, subdivision 3, as a result
of entering into an agreement according to this section that
enables a post-secondary instructional staff member to teach or
provide services in the district. All arrangements and details
regarding the exchange must be mutually agreed to by the school
district and post-secondary institution before implementation.
Subd. 4. [REPORT OF PILOT PROGRAMS.] While these exchanges
are voluntary, the legislature intends to maintain oversight to
determine the benefits and problems of the program. By February
1, 1989, each post-secondary system shall submit a report about
the faculty exchange program to the chairs of the house
education, higher education, and appropriations committees and
the senate education and finance committees. The report shall
contain the number of instructional staff participating in the
exchange, areas of instruction, and other issues related to the
exchange.
Sec. 24. [LOANED EXECUTIVE ACTION PROGRAM (LEAP).]
Subdivision 1. [PUBLIC SYSTEMS; JOINTLY.] The governing
boards of the public post-secondary systems are requested to
jointly establish a Loaned Executive Action Program to encourage
business executives in the private sector to study management
issues within each system and to make recommendations to improve
the management structures and processes of each. The heads of
each system shall jointly report to the appropriations and
finance committees on the actions taken under this section by
January 15, 1989.
Subd. 2. [CAMPUS BUDGET PROPOSALS.] A loaned executive
working with the University of Minnesota should study the issue
of preparing and presenting individual campus budget proposals
to the board of regents.
Sec. 25. [REGENT ACTION.]
The legislature requests that the board of regents of the
University of Minnesota undertake the following actions to
improve their management and accountability:
(1) establish a committee to plan for and oversee the needs
and uses of the president's house;
(2) formally adopt policies for review of capital projects
that specify when board approval is required, types and forms of
information to be submitted to the board, and board procedures
for cost overruns;
(3) develop an accurate and complete reporting system for
capital projects in progress; and
(4) establish policies that improve the control over the
use of unrestricted funds, including specification of approval
and reporting requirements.
The board of regents shall report the actions taken under
this section to the house appropriations and senate finance
committees by January 1, 1989.
As part of its 1989 biennial budget presentation to the
legislature, the University of Minnesota is requested to report
its income and expenditures from all public and private sources.
Sec. 26. [COMMUNITY SERVICE REPORTS.]
The public post-secondary systems shall report their
actions, findings, and recommendations on community service
opportunities to the house appropriations and senate finance
committees by February 1, 1989.
Sec. 27. [CHILD CARE REPORTS.]
Each public post-secondary system shall assess the effects
of child care legislation on the needs of post-secondary
students. The report required by Laws 1988, chapter 439, shall
include the assessment and recommendations of each system. Each
system shall also submit its assessment and recommendations to
the senate finance and house appropriations committees by
January 15, 1989.
Sec. 28. [AMERICAN INDIAN EDUCATION REPORT.]
By February 1, 1989, each governing board shall report the
actions it has taken to implement the provisions in this act
relating to American Indian education. The report shall be
submitted to the house higher education and appropriations
committees and the senate education and finance committees.
Sec. 29. [REPEALER.]
Minnesota Statutes 1986, sections 136.26 and 136C.13,
subdivision 3, are repealed.
Sec. 30. [EFFECTIVE DATE.]
Sections 2, 6, 16, 17, 19, 20, 21, 23, 24, and 25 are
effective the day following final enactment.
ARTICLE 2
Section 1. [APPROPRIATIONS FOR CAPITAL IMPROVEMENTS.]
The amounts in the column under "APPROPRIATIONS" are
appropriated from the general fund to the state agencies
indicated to be spent to acquire and to better public land and
buildings and other public improvements of a capital nature, as
specified in this article.
SUMMARY
General Fund $8,388,200
APPROPRIATIONS
Sec. 2. TECHNICAL INSTITUTES
Subdivision 1. To the state board
of vocational technical education for
the purposes specified in this section $2,697,000
Subd. 2. Post-secondary
technical institute construction in
the school districts listed in this
subdivision. $1,697,000
(a) Special Intermediate School District
No. 917, Dakota County $197,600
This appropriation is to purchase the
former Rosemount city hall for child
care. The total cost of the project
must not be more than $233,000, whether
paid from state, local, or federal
money.
The board of regents of the University
of Minnesota and the board of
intermediate school district No. 917
may negotiate a lease that provides
land in the city of Rosemount for
Special Intermediate School District
No. 917, Dakota County, to develop a
decision driving course. The agreement
must include only a nominal financial
consideration that reflects the
University's minimal expenditures to
acquire and maintain the land.
(b) Independent School District
No. 656, Faribault 313,700
This appropriation is for the
completion of the project authorized in
Laws 1987, chapter 400, section 17,
subdivision 2(h). The total cost of
the project must not be more than
$2,022,000 whether paid from state,
local, or federal money.
(c) Independent School District
No. 578, Pine City 328,500
This appropriation is for the
completion of the project authorized in
Laws 1987, chapter 400, section 17,
subdivision 2(1). The total cost of
the project must not be more than
$1,896,600, whether paid from state,
local, or federal money.
(d) Independent School District
No. 256, Red Wing 327,200
This appropriation is to acquire land
for buildings to consolidate the
campuses of the Red Wing Technical
Institute. The total cost of the
project must not be more than $385,000,
whether paid from state, local, or
federal money.
(e) Joint Vocational Technical District
No. 900, Southwestern 530,000
This appropriation is for construction
or remodeling of the following
facilities on these respective campuses:
Granite Falls for handicapped access
Jackson for child care
Subd. 3. Statewide parking 1,000,000
Projects undertaken must be those most
in need of repair and should include
the paving of existing parking lots not
presently paved. This money may be
used for parking ramp modifications.
Subd. 4. Repairs
During the biennium ending June 30,
1989, replacement of steam lines, sewer
lines, and other such services that are
less than five percent of the
appropriation for repairs and
replacements must be accomplished when
needed from the repairs and
replacements account.
Sec. 3. COMMUNITY COLLEGES
Subdivision 1. To the commissioner
of administration for the purposes
specified in this section 2,791,200
Subd. 2. Minneapolis Community
College 1,011,200
This appropriation is added to the
appropriation in Laws 1985, Special
Session chapter 15, section 14,
subdivision 3.
Subd. 3. Systemwide 1,780,000
(a) Roof repair, code compliance,
and asbestos removal 1,600,000
During the biennium ending June 30,
1989, replacement of steam lines, sewer
lines, and other such services that are
less than five percent of the
appropriation for repairs and
replacements must be accomplished when
needed from the repairs and
replacements account.
(b) Systemwide planning 180,000
Subd. 4. Remodeling and
construction
Appropriations authorized in Laws 1987,
chapter 400, section 18, subdivision 2,
may also be used for classroom
remodeling and the relocation of
administrative services.
Sec. 4. STATE UNIVERSITIES
Subdivision 1. To the state
university board for the purposes
specified in this section 2,900,000
Subd. 2. Mankato Campus
Emergency lease of building space
to accommodate enrollment growth 150,000
Subd. 3. Metropolitan Campus
Acquire site for consolidated
administrative and student center 1,300,000
The board may enter into an option with
the St. Paul Port Authority to acquire
approximately one acre of land between
Mounds Boulevard and Maria Avenue,
along East Seventh Street, north of the
existing B and C buildings at a maximum
cost of $500,000 if the option is
exercised at the time of the initial
purchase; or a maximum of $600,000 if
exercised within 18 months of the
initial purchase; or a maximum of
$650,000 if exercised within three
years of the initial purchase.
The agreement for the acquisition must
include a provision that the St. Paul
Port Authority ensure that all
buildings on the site are free from
hazardous materials.
At the time the boilers are converted
to low pressure steam, the state board
may enter into an agreement with
District Energy St. Paul Inc. for
provision of steam heat, if the total
cost of that heat does not exceed the
estimated cost of receiving comparable
services from another source.
Subd. 4. Systemwide 1,450,000
(a) Abate hazardous materials
and remove PCBs 100,000
(b) Roof repair 1,350,000
(c) Repairs
During the biennium ending June 30,
1989, replacement of steam lines, sewer
lines, and other such services that are
less than five percent of the
appropriation for repairs and
replacements must be accomplished when
needed from the repairs and
replacements account.
Sec. 5. [REVIEW OF PLANS.]
An agency to whom an appropriation is made in this article
must not prepare final plans and specifications for any
construction or major remodeling authorized by this article
until the agency that will use the project has presented the
program and schematic plans and cost estimates for all elements
necessary to complete the project to the chair of the senate
finance committee and the chair of the house appropriations
committee and the chairs have made their recommendations. The
recommendations are advisory only. Failure or refusal to make a
recommendation promptly is considered a negative recommendation.
Sec. 6. [APPROPRIATIONS FOR CONSTRUCTION; TRANSFER.]
Upon the awarding of final contracts for the completion of
a project for construction or other permanent improvement
authorized by this article, or upon the abandonment of the
project, the agency to whom the appropriation is made in this
article may transfer the unencumbered balance in the project
account to another project enumerated in the same section. 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 by the state board of vocational technical education,
the total cost of both projects and the required local share for
both projects are adjusted accordingly. The commissioners and
boards shall report to the chair of the senate finance committee
and the chair of the house appropriations committee before a
transfer is made under this section.
Sec. 7. [METHODS OF ACQUISITION.]
If money has been appropriated in this biennium to the
commissioner of administration or the state university board to
acquire lands or sites for public buildings or real estate, the
acquisition may be by gift, purchase, or condemnation
proceedings. Condemnation proceedings must be under Minnesota
Statutes, chapter 117.
Sec. 8. [EFFECTIVE DATE.]
This article is effective the day following final enactment.
Approved April 28, 1988
Official Publication of the State of Minnesota
Revisor of Statutes