Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
CHAPTER 398-H.F.No. 2206
An act relating to education; removing mandates from
higher education; requiring increased accountability
and performance for funding; allowing higher education
greater flexibility in conducting its business;
amending Minnesota Statutes 1994, sections 15.43,
subdivisions 2 and 3; 16B.01, subdivision 2; 16B.21,
subdivisions 1 and 3; 16B.33, subdivisions 1, 3, 4,
and by adding a subdivision; 16B.35, by adding a
subdivision; 16B.36, subdivision 1; 16B.37,
subdivision 1; 16B.41, subdivision 2; 16B.482; 16B.49;
16B.531; 16B.54, subdivision 1; 16B.85, subdivision 2;
43A.05, subdivision 4; 43A.10, subdivision 3; 123.70,
subdivision 10; 135A.033; 135A.14, as amended; 137.37;
169.448, subdivision 2; 201.1611; and 248.07,
subdivision 7; Minnesota Statutes 1995 Supplement,
sections 16B.17, subdivision 6; 16B.465, subdivision
4; 43A.06, subdivision 1; 135A.181, subdivision 2;
136A.101, subdivision 10; 136F.06, subdivisions 1 and
2; 136F.12; 136F.16, subdivision 3; 136F.18; 136F.30;
136F.36, subdivision 2; 136F.44; 136F.50; 136F.53,
subdivisions 1 and 3; 136F.58; 136F.71, by adding a
subdivision; 136F.72, subdivision 3; 136F.80,
subdivision 2; and 169.441, subdivision 5; Laws 1995,
chapter 212, article 2, sections 15; and 20,
subdivisions 1 and 2; proposing coding for new law in
Minnesota Statutes, chapters 16B; 135A; 136A; and
136F; repealing Minnesota Statutes 1994, sections
137.03; 137.05; 137.06; 137.07; 137.08; 137.11;
137.14; 137.15; and 137.33; Minnesota Statutes 1995
Supplement, section 136F.59, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1994, section 15.43,
subdivision 2, is amended to read:
Subd. 2. [TEXTBOOKS EXEMPTED.] Textbooks, software, and
other course materials authored by an employee of the state's
education systems Minnesota state colleges and universities or
of the University of Minnesota may be used as required course
material upon receipt of written approval from the head of the
department. Instructors in state institutions and at the
university may accept free samples of textbooks and related
teaching materials.
Sec. 2. Minnesota Statutes 1994, section 15.43,
subdivision 3, is amended to read:
Subd. 3. [OTHER EXEMPTIONS.] The commissioners of human
services and corrections, and the chancellors of the state
university and community college systems may by rule prescribe
procedure for the acceptance of gifts from any person or
organization, provided that such gifts are accepted by the
commissioner or chancellor, or a designated representative of
the commissioner or chancellor, and that such gifts are used
solely for the direct benefit of patients, or inmates or
students under the jurisdiction of the accepting state officer.
Sec. 3. Minnesota Statutes 1994, section 16B.01,
subdivision 2, is amended to read:
Subd. 2. [AGENCY.] "Agency" means any state officer,
employee, board, commission, authority, department, or other
agency of the executive branch of state government. Unless
specifically provided elsewhere in this chapter, agency does not
include the Minnesota state colleges and universities.
Sec. 4. Minnesota Statutes 1995 Supplement, section
16B.17, subdivision 6, is amended to read:
Subd. 6. [EXCLUSIONS.] This section and section 16B.167 do
not apply:
(1) to Minnesota state college or university contracts to
provide instructional services to public or private
organizations, agencies, businesses, or industries;
(2) to contracts with individuals or organizations for
administration of employee pension plans authorized under
chapter 354B or 354C; or
(3) to instructional services provided to Minnesota state
colleges or universities by organizations or individuals
provided the contracts are consistent with terms of applicable
labor agreements.
Sec. 5. Minnesota Statutes 1994, section 16B.21,
subdivision 1, is amended to read:
Subdivision 1. [COMMISSIONER OF ADMINISTRATION.] The
commissioner shall submit an annual report pursuant to section
3.195 to the governor and the legislature with a copy to the
commissioner of trade and economic development indicating the
progress being made toward the objectives and goals of sections
16B.19 to 16B.22, 137.31, 137.35, 161.321, and 473.142 during
the preceding fiscal year. The commissioner shall also submit a
quarterly report to the small business and targeted group
procurement advisory council. These reports shall include the
following information:
(1) the total dollar value and number of potential
set-aside awards identified during this period and the
percentage of total state procurement this figure reflects;
(2) the number of small businesses identified by and
responding to the small business procurement program, the total
dollar value and number of set-aside and other contracts
actually awarded to small businesses, and the total number of
small businesses that were awarded set-aside and other
contracts;
(3) the total dollar value and number of contracts awarded
to small targeted group businesses pursuant to each bidding
process authorized by sections 16B.19, subdivision 2c, 137.31,
137.35, 161.321, and 473.142; the total number and value of
these contracts awarded to each small targeted group business
and to each type of small targeted group business in each
purchasing category, and the percentages of the total
procurement for each purchasing category the figures represent;
(4) the total dollar value and number of contracts awarded
to small businesses in economically disadvantaged areas under
the bidding process authorized in section 16B.19, subdivision
2d; the total number and value of these contracts awarded to
each business, and to all businesses within each economically
disadvantaged area in each purchasing category, and the
percentages of total procurement for each purchasing category
the figures represent.
The information required by clauses (1) and (2) must be
presented on a statewide basis and also broken down by
geographic regions within the state.
Sec. 6. Minnesota Statutes 1994, section 16B.21,
subdivision 3, is amended to read:
Subd. 3. [REPORTS FROM OTHER AGENCIES.] The commissioner
of transportation, and each metropolitan agency listed in
section 473.143, subdivision 1, and the University of Minnesota
shall report to the commissioner of administration all
information that the commissioner requests to make reports
required under this section. The information must be reported
at the time and in the manner requested by the commissioner of
administration.
Sec. 7. Minnesota Statutes 1994, section 16B.33,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in this section, the
following terms have the meanings given them:
(a) "Agency" has the meaning given in section 16B.01, and
also includes the University of Minnesota.
(b) "Architect" means an architect or landscape architect
registered to practice under sections 326.02 to 326.15.
(c) "Board" means the state designer selection board.
(d) "Designer" means an architect or engineer, or a
partnership, association, or corporation comprised primarily of
architects or engineers or of both architects and engineers.
(e) "Engineer" means an engineer registered to practice
under sections 326.02 to 326.15.
(f) "Person" includes an individual, corporation,
partnership, association, or any other legal entity.
(g) "Primary designer" means the designer who is to have
primary design responsibility for a project, and does not
include designers who are merely consulted by the user agency
and do not have substantial design responsibility, or designers
who will or may be employed or consulted by the primary designer.
(h) "Project" means an undertaking to construct, erect, or
remodel a building by or for the state or an agency.
(i) "User agency" means the agency undertaking a specific
project.
Sec. 8. Minnesota Statutes 1994, section 16B.33,
subdivision 3, is amended to read:
Subd. 3. [AGENCIES MUST REQUEST DESIGNER.] (a)
[APPLICATION.] Upon undertaking a project with an estimated cost
greater than $750,000 or a planning project with estimated fees
greater than $60,000, every user agency, except the capitol area
architectural and planning board, shall submit a written request
for a primary designer for its project to the commissioner, who
shall forward the request to the board. The University of
Minnesota and the Minnesota state colleges and universities
shall follow the process in subdivision 3a to select designers
for their projects. The written request must include a
description of the project, the estimated cost of completing the
project, a description of any special requirements or unique
features of the proposed project, and other information which
will assist the board in carrying out its duties and
responsibilities set forth in this section.
(b) [REACTIVATED PROJECT.] If a project for which a
designer has been selected by the board becomes inactive,
lapses, or changes as a result of project phasing, insufficient
appropriations, or other reasons, the commissioner, the
Minnesota state colleges and universities, or the University of
Minnesota may, if the project is reactivated, retain the same
designer to complete the project.
(c) [FEE LIMIT REACHED AFTER DESIGNER SELECTED.] If a
project initially estimated to be below the cost and planning
fee limits of this subdivision has its cost or planning fees
revised so that the limits are exceeded, the project must be
referred to the board for designer selection even if a primary
designer has already been selected. In this event, the board
may, without conducting interviews, elect to retain the
previously selected designer if it determines that the interests
of the state are best served by that decision and shall notify
the commissioner of its determination.
Sec. 9. Minnesota Statutes 1994, section 16B.33, is
amended by adding a subdivision to read:
Subd. 3a. [HIGHER EDUCATION PROJECTS.] (a) When the
University of Minnesota or the Minnesota state colleges and
universities undertakes a project involving construction or
major remodeling, as defined in section 16B.335, subdivision 1,
with an estimated cost greater than $2,000,000 or a planning
project with estimated fees greater than $200,000, the system
shall submit a written request for a primary designer to the
commissioner, as provided in subdivision 3.
(b) When the University of Minnesota or the Minnesota state
colleges and universities undertakes a project involving
renovation, repair, replacement, or rehabilitation, the system
office may submit a written request for a primary designer to
the commissioner as provided in subdivision 3.
Sec. 10. Minnesota Statutes 1994, section 16B.33,
subdivision 4, is amended to read:
Subd. 4. [DESIGNER SELECTION PROCESS.] (a) [PUBLICITY.]
Upon receipt of a request from a user agency for a primary
designer, the board shall publicize the proposed project in
order to determine the identity of designers interested in the
design work on the project. The board shall establish criteria
for the selection process and make this information public, and
shall compile data on and conduct interviews of designers. The
board's selection criteria must include consideration of each
interested designer's performance on previous projects for the
state or any other person. Upon completing the process, the
board shall select the primary designer and shall state its
reasons in writing. Notification to the commissioner of the
selection shall be made not more than 60 days after receipt from
a user agency of a request for a primary designer. The
commissioner shall promptly notify the designer and the user
agency. The commissioner shall negotiate the designer's fee and
prepare the contract to be entered into between the designer and
the user agency.
(b) [CONFLICT OF INTEREST.] The board may not select a
designer or firm in which a member of the designer selection
board has a current financial interest.
(c) [SELECTION BY COMMISSIONER.] In the event the board
receives a request for a primary designer on a project, the
estimated cost of which is less than the limit established by
subdivision 3, or a planning project with estimated fees of less
than the limit established by subdivision 3, the board may
submit the request to the commissioner of administration, with
or without recommendations, and the commissioner shall thereupon
select the primary designer for the project.
(d) [SECOND SELECTION.] If the designer selected for a
project declines the appointment or is unable to reach agreement
with the commissioner on the fee or the terms of the contract,
the commissioner shall, within 60 days after the first
appointment, request the board to make another selection.
(e) [SIXTY DAYS TO SELECT.] If the board fails to make a
selection and forward its recommendation to the commissioner
within 60 days of the user agency's request for a designer, the
commissioner may appoint a designer to the project without the
recommendation of the board.
(f) [LESS THAN SATISFACTORY PERFORMANCE.] The commissioner,
or the University of Minnesota and the Minnesota state colleges
and universities for projects under its their supervision, shall
forward to the board a written report describing each instance
in which the performance of a designer selected by the board or
the commissioner has been less than satisfactory. Criteria for
determining satisfaction include the ability of the designer to
complete design work on time, to provide a design responsive to
program needs within the constraints of the budget, to solve
design problems and achieve a design consistent with the
proposed function of the building, to avoid costly design errors
or omissions, and to observe the construction work. These
reports are public data and are available for inspection under
section 13.03.
Sec. 11. Minnesota Statutes 1994, section 16B.35, is
amended by adding a subdivision to read:
Subd. 4. [CAMPUSES.] Art for a building on a public
college or university campus shall be selected by the campus, in
consultation with the arts board. Consideration of the artwork
of faculty and students on that campus is encouraged.
Sec. 12. Minnesota Statutes 1994, section 16B.36,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY.] The commissioner may examine,
investigate, or make a survey of the organization,
administration, and management of state agencies and
institutions under their control, and may assist state agencies
by providing analytical, statistical, and organizational
development services to them in order to secure greater
efficiency and economy through reorganization or consolidation
of agencies or functions and to eliminate duplication of
function, effort, or activity, so far as possible. The
commissioner shall periodically submit to the legislature a list
of the studies being conducted for this purpose and any future
studies scheduled at the time the list is submitted. For
purposes of this section, the Minnesota state colleges and
universities is a state agency.
Sec. 13. Minnesota Statutes 1994, section 16B.37,
subdivision 1, is amended to read:
Subdivision 1. [COMMISSIONER'S AUTHORITY.] To improve
efficiency and avoid duplication, the commissioner may transfer
personnel, powers, or duties, or any combination of them, from a
state agency to another state agency that has been in existence
for at least one year prior to the date of transfer. A transfer
must have received the prior approval of the governor. The
commissioner shall no later than January 15 of each year submit
to the legislature a bill making all statutory changes required
by reorganization orders issued by the commissioner during the
preceding calendar year. For purposes of this section, the
Minnesota state colleges and universities is a state agency.
Sec. 14. Minnesota Statutes 1994, section 16B.41,
subdivision 2, is amended to read:
Subd. 2. [RESPONSIBILITIES.] The office has the following
duties:
(a) The office must develop and establish a state
information architecture to ensure that further state agency
development and purchase of information systems equipment and
software is directed in such a manner that individual agency
information systems complement and do not needlessly duplicate
or needlessly conflict with the systems of other agencies. In
those instances where state agencies have need for the same or
similar computer data, the commissioner shall ensure that the
most efficient and cost-effective method of producing and
storing data for or sharing data between those agencies is
used. The development of this information architecture must
include the establishment of standards and guidelines to be
followed by state agencies. On January 1, 1988, and every six
months thereafter, any state agency that has purchased
information systems equipment or software in the past six
months, or that is contemplating purchasing this equipment or
software in the next six months, must report to the office and
to the chairs of the house ways and means committee and the
senate finance committee on how the purchases or proposed
purchases comply with the applicable standards and guidelines.
(b) The office shall assist state agencies in the planning
and management of information systems so that an individual
information system reflects and supports the state agency's and
the state's mission, requirements, and functions.
(c) The office must review and approve all agency requests
for legislative appropriations for the development or purchase
of information systems equipment or software. Requests may not
be included in the governor's budget submitted to the
legislature, unless the office has approved the request.
(d) Each biennium the office must rate agency requests for
new appropriations for development or purchase of information
systems equipment or software based on established information
management criteria. The office must submit this rating to the
legislature at the same time, or no later than 14 days after,
the governor submits the budget message to the legislature. The
governor must provide information necessary to rate agency
requests to the office.
(e) The office must define, review, and approve major
purchases of information systems equipment to (1) ensure that
the equipment follows the standards and guidelines of the state
information architecture; (2) ensure that the equipment is
consistent with the information management principles adopted by
the information policy council; (3) evaluate whether or not the
agency's proposed purchase reflects a cost-effective policy
regarding volume purchasing; and (4) ensure the equipment is
consistent with other systems in other state agencies so that
data can be shared among agencies, unless the office determines
that the agency purchasing the equipment has special needs
justifying the inconsistency. The commissioner of finance may
not allot funds appropriated for major purchases of information
systems equipment until the office reviews and approves the
proposed purchase. A public institution of higher education
must not may purchase interconnective up to $250,000 of
equipment or other computer technology to connect the college or
university to sites outside the institution without the prior
approval of the office.
(f) The office shall review the operation of information
systems by state agencies and provide advice and assistance so
that these systems are operated efficiently and continually meet
the standards and guidelines established by the office. These
standards and guidelines shall emphasize uniformity that
encourages information interchange, open systems environments,
and portability of information whenever practicable and
consistent with an agency's authority and the Minnesota
government data practices act. The office, in consultation with
the intergovernmental information systems advisory council and
the legislative reference library, shall adopt specific
standards and guidelines to be met by each state agency within a
time period fixed by the office in regard to the following:
(1) establishment of methodologies and systems directed at
reducing and ultimately eliminating redundant storage of data
and encouraging greater use of central databases;
(2) establishment of data retention schedules, disaster
recovery plans and systems, security systems, and procedural
safeguards concerning privacy of data;
(3) establishment of pricing policies and incentives that
encourage electronic transfer of information in electronic
forms, while giving due consideration to the value and cost of
providing the information in those forms. These pricing
policies may include preferential prices for information
requested by a public entity for a public purpose; and
(4) establishment of information sales systems that utilize
licensing and royalty agreements to the greatest extent
possible, together with procedures for agency denial of requests
for licenses or royalty agreements by commercial users or
resellers of the information. Section 3.751 does not apply to
these licensing and royalty agreements and the agreements must
include provisions that section 3.751 does not apply and that
the state is immune from liability under the agreement.
If an agency needs additional funds to comply with the
requirements of this paragraph, the agency must first obtain
approval of the proposal by the office as required by paragraph
(c) before submitting it to the legislature.
(g) The office must conduct a comprehensive review at least
every three years of the information systems investments that
have been made by state agencies and higher education
institutions. The review must include recommendations on any
information systems applications that could be provided in a
more cost beneficial manner by an outside source. The office
must report the results of its review to the legislature and the
governor.
(h) The office shall recommend to the legislature any
statutory changes that are necessary or desirable to accomplish
the duties described in this subdivision.
(i) The office must report to the legislature by January 15
each year on progress in implementing paragraph (f), clauses (1)
to (4).
Sec. 15. Minnesota Statutes 1995 Supplement, section
16B.465, subdivision 4, is amended to read:
Subd. 4. [PROGRAM PARTICIPATION.] (a) The commissioner may
require the participation of state agencies, the state board of
education, and the governing boards board of trustees of the
Minnesota state colleges and universities, the community
colleges, and the technical colleges, and may request the
participation of the board of regents of the University of
Minnesota, in the planning and implementation of the network to
provide interconnective technologies. The commissioner shall
establish reimbursement rates in cooperation with the
commissioner of finance to be billed to participating agencies
and educational institutions sufficient to cover the operating,
maintenance, and administrative costs of the system.
(b) A direct appropriation made to an educational
institution for usage costs associated with the STARS network
must only be used by the educational institution for payment of
usage costs of the network as billed by the commissioner of
administration. The post-secondary appropriations may be
shifted between systems as required by unanticipated usage
patterns. An intersystem transfer must be requested by the
appropriate system and may be made only after review and
approval by the commissioner of finance, in consultation with
the commissioner of administration.
Sec. 16. Minnesota Statutes 1994, section 16B.482, is
amended to read:
16B.482 [REIMBURSEMENT FOR MATERIALS AND SERVICES.]
The commissioner of administration may provide materials
and services under this chapter to state legislative and
judicial branch agencies, political subdivisions, the Minnesota
state colleges and universities, the University of Minnesota,
and federal government agencies. Legislative and judicial
branch agencies, political subdivisions, the Minnesota state
colleges and universities, the University of Minnesota, and
federal government agencies purchasing materials and services
from the commissioner of administration shall reimburse the
general services, intertechnologies, and cooperative purchasing
revolving funds for cost.
Sec. 17. [16B.4821] [PROVISION OF MATERIALS AND SERVICES
TO MNSCU.]
Subdivision 1. [MATERIALS AND SERVICES
AVAILABLE.] Notwithstanding any law to the contrary, the
Minnesota state colleges and universities may request from the
commissioner of administration any services and materials
available to any state agency under this chapter, including but
not limited to purchasing, contracting, leasing, energy
conservation, communications systems, construction, and all
other programs and contracts administered by the department of
administration, whether administered directly or indirectly by
contract or otherwise. The commissioner of administration shall
make reasonable efforts to comply with any such request. The
chancellor of the Minnesota state colleges and universities and
the commissioner of administration shall cooperate to identify
services and materials available to state agencies from the
department of administration.
Subd. 2. [STATUS REQUESTED BY CHANCELLOR.] The Minnesota
state colleges and universities shall be a state agency where
being a state agency is a prerequisite to obtaining or
participating in any services, materials acquisition, or
programs under this chapter which are requested by the
chancellor.
Subd. 3. [NOTIFICATION.] The Minnesota state colleges and
universities shall be a state agency for purposes of being
included on any state agency's list to receive notices and
information appropriate to the purposes of the Minnesota state
colleges and universities.
Sec. 18. Minnesota Statutes 1994, section 16B.49, is
amended to read:
16B.49 [CENTRAL MAILING SYSTEM.]
The commissioner shall maintain and operate for agencies a
central mailing system. Official mail of an agency occupying
quarters within the boundaries of the city of St. Paul must be
delivered unstamped to the central mailing station. Account
must be kept of the postage required on that mail, which is then
a proper charge against the agency delivering the mail. To
provide funds for the payment of postage, each agency shall make
advance payments to the commissioner sufficient to cover its
postage obligations for at least 60 days. For purposes of this
section, the Minnesota state colleges and universities is a
state agency.
Sec. 19. Minnesota Statutes 1994, section 16B.531, is
amended to read:
16B.531 [TRAVEL SERVICES.]
The commissioner may offer a centralized travel service to
all state departments and agencies, and to the Minnesota state
colleges and universities, and may, in connection with that
service, accept payments from travel agencies under contracts
for the provision of travel services. The payments must be
deposited in the motor pool revolving account established by
section 16B.54, subdivision 8, and must be used for the expenses
of managing the centralized travel service. Revenues in excess
of the management costs of the centralized service must be
returned to the general fund.
Sec. 20. Minnesota Statutes 1994, section 16B.54,
subdivision 1, is amended to read:
Subdivision 1. [MOTOR POOLS.] The commissioner shall
manage a central motor pool of passenger motor vehicles and
trucks used by state agencies with principal offices in the city
of St. Paul and may provide for branch central motor pools at
other places within the state. For purposes of this section, (1)
"agencies" includes the Minnesota state colleges and
universities, and (2) "truck" means a pickup or panel truck up
to one ton carrying capacity.
Sec. 21. Minnesota Statutes 1994, section 16B.85,
subdivision 2, is amended to read:
Subd. 2. [RISK MANAGEMENT FUND.] (a) All state agencies,
and the Minnesota state colleges and universities, may, in
cooperation with the commissioner, participate in insurance
programs and other funding alternative programs provided by the
risk management fund.
(b) When an agency or agencies enter into an insurance or
self-insurance program, each agency shall contribute the
appropriate share of its costs as determined by the commissioner.
(c) The money in the fund to pay claims arising from state
activities and for administrative costs, including costs for the
adjustment and defense of the claims, is appropriated to the
commissioner.
(d) Interest earned from the investment of money in the
fund shall be credited to the fund and be available to the
commissioner for the expenditures authorized in this subdivision.
(e) The fund is exempt from the provisions of section
16A.152, subdivision 4. In the event that proceeds in the fund
are insufficient to pay outstanding claims and associated
administrative costs, the commissioner, in consultation with the
commissioner of finance, may assess state agencies participating
in the fund amounts sufficient to pay the costs. The
commissioner shall determine the proportionate share of the
assessment of each agency.
Sec. 22. Minnesota Statutes 1994, section 43A.05,
subdivision 4, is amended to read:
Subd. 4. [TIME OFF IN EMERGENCIES.] The commissioner shall
authorize appointing authorities to pay for time off in
emergencies. The commissioner, after consultation with the
commissioner of public safety, may excuse employees from duty
with full pay in the event of a natural or other emergency, if
continued operation would involve a threat to the health or
safety of individuals. Absence with pay shall not exceed 16
working hours at any one time unless the commissioner authorizes
a longer duration. Authority to excuse employees from duty with
full pay on the campuses of the Minnesota state colleges and
universities is vested in the college and university presidents,
under guidelines established by the board of trustees of the
Minnesota state colleges and universities.
Sec. 23. Minnesota Statutes 1995 Supplement, section
43A.06, subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] (a) The commissioner, through
the labor relations bureau, shall perform the duties assigned to
the commissioner by sections 3.855, 179A.01 to 179A.25 and this
section.
(b) The deputy commissioner for the labor relations bureau
shall be the state labor negotiator for purposes of negotiating
and administering agreements with exclusive representatives of
employees and shall perform any other duties delegated by the
commissioner subject to the limitations in paragraph (c).
(c) In consultation with the commissioner of employee
relations and except as specified in this paragraph, The board
of trustees of the Minnesota state colleges and universities may
exercise the powers under this section for employees included in
units 9, 10, 11, and 12 in section 179A.10, subdivision 2. The
power and authority to engage in collective bargaining or to
enter into interest arbitration remains with the commissioner of
employee relations, who shall exercise those powers in
consultation with the board of trustees of the Minnesota state
colleges and universities. The commissioner of employee
relations shall have the right to review and comment to the
Minnesota state colleges and universities on the board's final
proposals prior to exchange of final positions with the
designated bargaining units as well as any requests for interest
arbitration. When submitting a proposed collective bargaining
agreement to the legislative coordinating commission and the
legislature under section 3.855, subdivision 2, the board of
trustees must use procedures and assumptions consistent with
those used by the commissioner of employee relations in
calculating the costs of the proposed contract.
Sec. 24. Minnesota Statutes 1994, section 43A.10,
subdivision 3, is amended to read:
Subd. 3. [FACILITIES FURNISHED EXAMINERS.] The authorities
having control of public buildings in political subdivisions of
the state and school districts, upon written request of the
commissioner, shall furnish without charge convenient facilities
for the administration of examinations. Upon such request, it
shall be the duty of state and local authorities and employees,
as it is consistent with their other duties, to aid in carrying
out the provisions of this section. Campuses of the Minnesota
state colleges and universities may charge the commissioner for
actual costs incurred in providing facilities for examinations,
provided that the costs were incurred due solely to the
examination.
Sec. 25. Minnesota Statutes 1994, section 123.70,
subdivision 10, is amended to read:
Subd. 10. A statement required to be submitted under
subdivisions 1, 2, and 4 to document evidence of immunization
shall include month, day, and year for immunizations
administered after January 1, 1990.
(a) For persons enrolled in grades 7 and 12 during the
1992-1993 1996-1997 school term, the statement must indicate
that the person has received at least two doses of vaccine
against measles, mumps, and rubella, given alone or separately
and given not less that one month apart a dose of tetanus and
diphtheria toxoid no earlier than 11 years of age.
(b) For persons enrolled in grades 7, 8, and 12 during the
1993-1994 1997-1998 school term, the statement must indicate
that the person has received at least two doses of vaccine
against measles, mumps, and rubella, given alone or separately
and given not less than one month apart a dose of tetanus and
diphtheria toxoid no earlier than 11 years of age.
(c) For persons enrolled in grades 7, 8, 9, and 12 during
the 1994-1995 1998-1999 school term, the statement must indicate
that the person has received at least two doses of vaccine
against measles, mumps, and rubella, given alone or separately
and given not less than one month apart a dose of tetanus and
diphtheria toxoid no earlier than 11 years of age.
(d) For persons enrolled in grades 7, 8, 9, 10, and 12
during the 1995-1996 1999-2000 school term, the statement must
indicate that the person has received at least two doses of
vaccine against measles, mumps, and rubella, given alone or
separately and given not less than one month apart a dose of
tetanus and diphtheria toxoid no earlier than 11 years of age.
(e) For persons enrolled in grades 7 through 12 during the
2000-2001 school term and for each year thereafter, the
statement must indicate that the person has received a dose of
tetanus and diphtheria toxoid no earlier than 11 years of age.
(f) For persons enrolled in grades 7 through 12 during the
1996-1997 school year and for each year thereafter, the
statement must indicate that the person has received at least
two doses of vaccine against measles, mumps, and rubella, given
alone or separately and given not less than one month apart.
Sec. 26. Minnesota Statutes 1994, section 135A.033, is
amended to read:
135A.033 [PERFORMANCE FUNDING.]
The governing boards of the University of Minnesota, the
state universities, the community colleges, and the technical
colleges and the Minnesota state colleges and universities, in
conjunction with their respective campuses, shall each specify
performance categories and indicators relating to section
135A.053, subdivision 1, to be used for policy and
appropriations decisions, as well as allocations for rewarding
campuses that achieve performance levels and assisting campuses
that are unable to achieve these levels. Because the mission of
each system and type of campus varies, categories and indicators
shall vary accordingly.
Sec. 27. [135A.053] [STATE HIGHER EDUCATION POLICY.]
Subdivision 1. [STATEWIDE OBJECTIVES.] Minnesota's higher
education investment is made in pursuit of the following
objectives:
(1) to ensure quality - to provide a level of excellence
that is competitive on a national and international level,
through high quality teaching, scholarship, and learning in a
broad range of arts and sciences, technical education, and
professional fields;
(2) to foster student success - to enable and encourage
students to choose institutions and programs that are best
suited for their talents and abilities, and to provide an
educational climate that supports students in pursuing their
goals and aspirations;
(3) to promote democratic values - to enhance Minnesota's
quality of life by developing understanding and appreciation of
a free and diverse society;
(4) to maintain access - to provide an opportunity for all
Minnesotans, regardless of personal circumstances, to
participate in higher education; and
(5) to enhance the economy - to assist the state in being
competitive in the world market, and to prepare a highly skilled
and adaptable workforce that meets Minnesota's opportunities and
needs.
Subd. 2. [PERFORMANCE AND ACCOUNTABILITY.] Higher
education systems and campuses are expected to achieve the
objectives in subdivision 1 and will be held accountable for
doing so. The legislature is increasing the flexibility of the
systems and campuses to provide greater responsibility to higher
education in deciding how to achieve statewide objectives, and
to decentralize authority so that those decisions can be made at
the level where the education is delivered. To demonstrate
their accountability, the legislature expects each system and
campus to measure and report on its performance, using
meaningful indicators that are critical to achieving the
objectives in subdivision 1, as provided in section 135A.033.
Nothing in this section precludes a system or campus from
determining its own objectives and performance measures beyond
those identified in this section.
Sec. 28. Minnesota Statutes 1994, section 135A.14, as
amended by Laws 1995, chapter 212, article 3, section 59, and
Laws 1995, First Special Session chapter 3, article 16, section
13, is amended to read:
135A.14 [STATEMENT OF IMMUNIZATION OF POST-SECONDARY
STUDENTS.]
Subdivision 1. [DEFINITIONS.] As used in this section, the
following terms have the meanings given them.
(a) "Administrator" means the administrator of the
institution or other person with general control and supervision
of the institution.
(b) "Public or private post-secondary educational
institution" or "institution" means any of the following
institutions having an enrollment of more than 100 persons
during any quarter, term, or semester during the preceding
year: (1) the University of Minnesota; (2) the state
universities; (3) the state community colleges; (4) public
technical colleges; (5) private four-year, professional and
graduate institutions; (6) private two-year colleges; and (7)
schools subject to either chapter 141, sections 136A.61 to
136A.71, or schools exempt under section 136A.657, and which
offer educational programs within the state for an academic year
greater than six consecutive months. An institution's report to
the Minnesota higher education services office or the Minnesota
department of children, families, and learning may be considered
when determining enrollment.
(c) "Student" means a person born after 1956 who did not
graduate from a Minnesota high school in 1997 or later, and who
is (1) registering for more than one class during a full
academic term, such as a quarter or a semester; or (2) housed on
campus and is registering for one or more classes. Student does
not include persons enrolled in extension classes only or
correspondence classes only.
Subd. 2. [STATEMENT OF IMMUNIZATION REQUIRED.] Except as
provided in subdivision 3, no student may remain enrolled in a
public or private post-secondary educational institution unless
the student has submitted to the administrator a statement that
the student has received appropriate immunization against
measles, rubella, and mumps after having attained the age of 12
months, and against diphtheria and tetanus within ten years of
first registration at the institution. This statement must
indicate the month and year of each immunization given. Instead
of submitting a statement, a student may provide an immunization
record maintained by a school according to section 123.70,
subdivision 7, or a school in another state if the required
information is contained in the record. A student who has
submitted a statement as provided in this subdivision may
transfer to a different Minnesota institution without submitting
another statement if the student's transcript or other official
documentation indicates that the statement was submitted.
Subd. 3. [EXEMPTIONS FROM IMMUNIZATION.] (a) An
immunization listed in subdivision 2 is not required if the
student submits to the administrator a statement signed by a
physician that shows:
(1) that, for medical reasons, the student did not receive
an immunization;
(2) that the student has experienced the natural disease
against which the immunization protects; or
(3) that a laboratory has confirmed the presence of
adequate immunity.
(b) If the student submits a notarized statement that the
student has not been immunized as required in subdivision 2
because of the student's conscientiously held beliefs, the
immunizations described in subdivision 2 are not required. The
institution shall forward this statement to the commissioner of
health.
Subd. 4. [IMMUNIZATION FILES REQUIRED.] The institution
must maintain an immunization record within the student's file
for all students each student governed by this section for at
least one year from the time of original filing. The
immunization records may be inspected by the department of
health and the local board of health in whose jurisdiction the
institution is located.
Subd. 5. [DEADLINE FOR SUBMITTING STATEMENT.] The
institution shall require that the statement from the student,
as required within subdivision 2 or 3, be submitted within 45
days of commencement of the academic term for which the student
has registered.
Sec. 29. Minnesota Statutes 1995 Supplement, section
135A.181, subdivision 2, is amended to read:
Subd. 2. [COMMON CALENDAR.] In converting to the semester
system required in subdivision 1 shall be offered on a common
calendar throughout all, the campuses under the jurisdiction of
the board of trustees of the Minnesota state colleges and
universities. This calendar, in consultation with the system
office, shall set calendars that best meet the needs of
students, including those jointly enrolled in local school
districts and other cooperative programs. Common calendars
shall include be a priority at colocated campuses including a
common start and end date for each semester as well as common
summer school schedules. The board of trustees may exempt a
campus from this calendar if they determine that because of
extenuating circumstances an alternative calendar would better
serve students' needs.
Sec. 30. Minnesota Statutes 1995 Supplement, section
136A.101, subdivision 10, is amended to read:
Subd. 10. "Satisfactory academic progress" means that:
(1) at a point between by the end of a student's first and
second academic year of attendance at an institution, the
student has at least a cumulative grade point average of C or
its equivalent, or academic standing consistent with the
institution's graduation requirements; and
(2) by the end of the first term of the third and fourth
academic year of attendance, (i) the student has a cumulative
grade point average of at least a C or its equivalent, (ii) the
student's advisor certifies that the student has reviewed the
general education requirements necessary for graduation and is
making satisfactory progress toward completing them, and (iii)
the student's advisor certifies that the student has chosen a
major and reviewed the requirements necessary for completion of
the major.
Sec. 31. [136A.1312] [FINANCIAL AID ADMINISTRATOR,
PROFESSIONAL JUDGMENT.]
Nothing in this chapter or in the office's rules shall be
interpreted as limiting the ability of student financial aid
administrators, on the basis of adequate documentation, to make
necessary adjustments to the cost of attendance and expected
family contribution computations to allow for treatment of
individual students with special circumstances, with the
exception of the cost of attendance defined under section
136A.121, subdivision 6. In addition, nothing in this chapter
or in the office's rules shall be interpreted as limiting the
ability of the student financial aid administrator to use
supplementary information about the financial status of eligible
applicants with special circumstances in selecting recipients of
state financial aid and determining the amount of awards.
Nothing in this section precludes a financial aid administrator
from establishing an appeals process for other extenuating
circumstances.
Sec. 32. [136A.1313] [FINANCIAL AID AUDITS.]
Beginning with audits for fiscal year 1996, in place of the
audits provided by the office, public institutions that
administer state grants under decentralized delivery may arrange
for audits of state financial aid awards and tuition reciprocity
recipients in conjunction with their audits for federal
financial aid. Audits must be conducted in compliance with
guidelines and materials prepared by the office. The office
shall develop a review process including procedures for
responding to audit exceptions. All other institutions under
decentralized delivery may arrange for audits under this section
beginning with audits for fiscal year 1997.
Sec. 33. Minnesota Statutes 1995 Supplement, section
136F.06, subdivision 1, is amended to read:
Subdivision 1. [GENERAL AUTHORITY.] The board shall
possess all powers necessary to govern the state colleges and
universities and all related property. Those powers shall
include, but are not limited to, those enumerated in this
section. The board shall prescribe courses of study and
conditions of admission, set tuition and fees, prescribe approve
programs of study and requirements for completion of programs,
approve the awarding of appropriate certificates, diplomas, and
degrees, enter into contracts and other agreements, and adopt
suitable policies for the institutions it governs. To the
extent practicable in protecting statewide interests, the board
shall provide autonomy to the campuses while holding them
accountable for their decisions. Sections 14.01 to 14.47 do not
apply to policies and procedures of the board.
Sec. 34. Minnesota Statutes 1995 Supplement, section
136F.06, subdivision 2, is amended to read:
Subd. 2. [GOVERNANCE AUTHORITY.] The board shall have the
authority needed to operate and govern the state colleges and
universities unless otherwise directed or limited prohibited by
law. The board is responsible for its operations and necessary
decisions unless these are specifically delegated by law to a
state department or agency.
Sec. 35. Minnesota Statutes 1995 Supplement, section
136F.12, is amended to read:
136F.12 [FOND DU LAC CAMPUS.]
The Fond du Lac campus has a unique mission among two-year
colleges to serve the lower division general education needs in
Carlton and south St. Louis counties, and the education needs of
American Indians throughout the state and especially in northern
Minnesota. Accordingly, while the college is governed by the
board of trustees, its governance is accomplished in conjunction
with the board of directors of Fond du Lac tribal college. By
July 1, 1995, the board of trustees and the board of directors
of Fond du Lac tribal college shall implement the mechanisms
necessary to accomplish the sharing of authority while ensuring
accountability for college actions. The mechanisms shall
supersede any previous arrangement, agreement, or memorandum of
understanding.
Sec. 36. Minnesota Statutes 1995 Supplement, section
136F.16, subdivision 3, is amended to read:
Subd. 3. [OFF-CAMPUS SITES.] The board shall not establish
off-campus centers or other permanent sites to provide academic
programs, courses, or student services without authorizing
legislation. For the purposes of this subdivision, the campus
of Metropolitan State University is the seven-county
metropolitan area. This section does not apply to sites set up
specifically for the delivery of courses and programs through
telecommunications.
Sec. 37. Minnesota Statutes 1995 Supplement, section
136F.18, is amended to read:
136F.18 [CAMPUS CLOSING.]
The board may close a campus or center under its
jurisdiction according to policies adopted by the board. Prior
to closing a campus or center, the board shall hold a public
hearing on the issue in the area which would be affected by the
closing. At the hearing affected persons shall have an
opportunity to present testimony. The board shall give notice
of this hearing by publishing notice in the State Register and
in a newspaper of general circulation in the affected area at
least 30 days before the scheduled hearing.
Sec. 38. Minnesota Statutes 1995 Supplement, section
136F.30, is amended to read:
136F.30 [COURSES AND PROGRAMS.]
The board shall prescribe the courses review and approve or
disapprove campus proposals for adding, deleting, or
substantially changing programs of study, including graduate and
undergraduate academic programs, training in professional,
semiprofessional, and technical fields, and adult education.
The board shall avoid duplicate program offerings. The board
may initiate activities to close programs. The board shall
place a high priority on ensuring the transferability of credit.
Sec. 39. Minnesota Statutes 1995 Supplement, section
136F.36, subdivision 2, is amended to read:
Subd. 2. [EXEMPTIONS.] The sale requirements of chapters
92 and 94 do not apply to this section, nor do the leasing
provisions of section 16B.24, nor do the construction
supervision and control provisions of sections 16B.30 to
16B.335. The board shall develop policies for leasing
requirements and construction supervision. The board will
normally competitively bid contracts related to instructional
construction but, notwithstanding the provisions of sections
16B.07 to 16B.09, may negotiate contracts without competitive
bidding where it deems appropriate.
Sec. 40. [136F.42] [PERSONNEL MANAGEMENT.]
Subdivision 1. [TIME REPORTING.] As provided in executive
order 96-2, the board, in consultation with the commissioners of
employee relations and finance, may develop policies to allow
system office or campus employees on salaries, as defined in
section 43A.17, subdivision 1, to use negative time reporting in
which employees report only that time for which leave is taken.
By the end of the 1997 fiscal year, the board, in consultation
with the commissioners of employee relations and finance, shall
evaluate the use of negative time reporting and its potential
for use with other state employees.
Subd. 2. [TRAVEL POLICIES.] The board may adopt policies
for colleges and universities to approve and administer travel
arrangements, other than reimbursement, for employees on campus,
and for the system office to provide the same services for
employees in that office.
Sec. 41. Minnesota Statutes 1995 Supplement, section
136F.44, is amended to read:
136F.44 [ADMINISTRATIVE INTERACTION WITH STUDENTS.]
Subdivision 1. [SYSTEM AND CAMPUS ADMINISTRATORS.] As part
of their annual goal setting activity, all unrepresented system
and campus academic administrators employed in their positions
before July 1, 1995, shall have the expectation of are
encouraged to substantially increasing increase their
interaction with students through activities such as teaching a
regularly scheduled course or serving as an academic
advisor. Contracts for persons initially employed in
unclassified administrative positions on or after July 1, 1995,
shall include requirements for activities involving student
contact. Actions to increase the interaction of students and
administrators under this section shall not displace permanent
faculty or staff.
Subd. 2. [EVALUATION INFORMATION.] Each state university,
community college, and technical college campus shall provide an
evaluation of this activity to the board, and The board shall
include a summary of campus and system activities related to
subdivision 1 in its 1998-1999 biennial budget request.
Sec. 42. Minnesota Statutes 1995 Supplement, section
136F.50, is amended to read:
136F.50 [COOPERATION OR PROMOTION OF A STATE COLLEGE OR
UNIVERSITY.]
The board, system office, and the campuses may cooperate by
contractual arrangement or otherwise with responsible persons,
firms, corporations, associations, or governmental agencies to
promote short courses, research, and other programs and
activities in the state colleges and universities as in the
judgment of the board, system office, or the campus contribute
to the development of the state colleges and universities and
the welfare of their students.
Sec. 43. [136F.526] [AUDITS.]
Each college and university shall be audited as provided by
board policy. The policy shall be designed to ensure financial
integrity, necessary internal controls, and appropriate
accordance between board policies and campus expenditures. The
college or university may arrange for any additional audits it
desires by contracting with the legislative auditor or a private
certified public accountant. Nothing in this section shall
limit the authority of the legislative auditor to perform
selected scope audits or other duties of the office as provided
under section 3.971.
Sec. 44. Minnesota Statutes 1995 Supplement, section
136F.53, subdivision 1, is amended to read:
Subdivision 1. [BOARD POWER CAMPUS PARKING AUTHORITY.]
Notwithstanding section 169.966, the board may authorize a state
college or university to may adopt and enforce policies,
regulations, or ordinances for the regulation of traffic and
parking in parking facilities and on private roads and roadways
situated on property owned, leased, occupied, or operated by the
state college or university.
Sec. 45. Minnesota Statutes 1995 Supplement, section
136F.53, subdivision 3, is amended to read:
Subd. 3. [DISPUTES.] A state college or university, with
the approval of the board, shall establish procedures to resolve
a dispute arising from enforcement of a policy.
Sec. 46. Minnesota Statutes 1995 Supplement, section
136F.58, is amended to read:
136F.58 [BOOKSTORES.]
The board may permit A state college or university to
conduct may operate a bookstore in a state college or university
building, or may allocate space in a state college or university
building and permit a person or corporation to conduct operate a
bookstore therein without rent at the board's campus' pleasure
and on such conditions as the board may impose. The board may
provide insurance, at no cost to the state, for the inventory of
a bookstore a state college or university conducts in its
building.
Sec. 47. [136F.581] [PURCHASES AND CONTRACTS.]
Subdivision 1. [CONDITIONS.] The board and the colleges
and universities are subject to the provisions of section
471.345.
Subd. 2. [POLICIES AND PROCEDURES.] The board shall
develop policies, and each college and university shall develop
procedures, for purchases and contracts that are consistent with
subdivision 1. In addition, each college and university, in
consultation with the system office, shall develop procedures
for those purchases and contracts that can be accomplished by a
college and university without board approval. The board
policies must allow each college and university the local
authority to enter into contracts for construction projects of
up to $250,000 and to make other purchases of up to $50,000,
without receiving board approval. The board may allow a college
or university local authority to make purchases over $50,000
without receiving board approval.
Subd. 3. [PROCUREMENT FROM DESIGNATED BUSINESSES.] The
policies and procedures must include provisions for procurement,
including construction, from small targeted group businesses and
businesses from economically disadvantaged areas designated
under section 16B.19. The board, colleges, and universities
shall use the methods contained in section 471.345, subdivision
8, for such purchasing, or may develop additional methods in
which the cost percentage preferences are consistent with the
provision of section 16B.19, subdivision 2c and 2d, or
consistent with the provisions of the University of Minnesota's
targeted group business purchasing program.
Subd. 4. [PROFESSIONAL OR TECHNICAL SERVICES.] (a) The
board shall develop policies for entering into contracts for
professional or technical services, other than instructional
services. The policies must allow each college and university
the authority to enter into contracts for professional or
technical services up to $15,000 without board approval. The
board may allow a college or university authority to enter into
contracts for professional or technical services over $15,000
without receiving board approval.
(b) Each college and university, in consultation with the
system office, shall develop procedures to enter into contracts
for professional or technical services.
(c) The policies and procedures developed by the board and
by each college and university for professional or technical
service contracts must be done in consultation with employees
and their exclusive bargaining representatives and must address
topics such as employee protections, information availability
and reporting, conflict of interest, and renewal restrictions.
Sec. 48. [136F.582] [LOCAL CONTRACTING AUTHORITY.]
College and university presidents may enter into contracts
to provide customized training or for short-term leases of
instructional space or equipment without additional
authorization.
Sec. 49. [136F.61] [STATE BUILDING CODE.]
All Minnesota state college and university facilities are
subject to the provisions of the state building code under
chapter 16B and the Uniform Fire Code under chapter 299F.
Sec. 50. [136F.67] [FINANCING OF CHILD CARE; PARKING.]
Subdivision 1. [AUTHORIZATION.] A technical college or a
community college must not seek financing for child care
facilities or parking facilities through the higher education
facilities authority, as provided in section 136A.28,
subdivision 7, without the explicit authorization of the board.
Subd. 2. [PARKING.] State appropriations for repair or
construction of parking facilities must not be used for more
than two-thirds of the repair or construction cost of a parking
facility at any technical college or community college campus.
The campus must provide the remaining costs through local
revenue.
Sec. 51. Minnesota Statutes 1995 Supplement, section
136F.71, is amended by adding a subdivision to read:
Subd. 3. [INTEREST INCOME.] Beginning July 1, 1997,
interest income attributable to general fund dedicated receipts
of the board is appropriated to the board. The board shall
allocate the income proportionately among the colleges and
universities. The board shall report this income separately in
its biennial budget requests.
Sec. 52. Minnesota Statutes 1995 Supplement, section
136F.72, subdivision 3, is amended to read:
Subd. 3. [ADMINISTRATION.] The board Each college and
university, independent of other authority and notwithstanding
chapters 16A and 16B, shall administer the money collected for
the state colleges and universities its activity funds and the
administrative fund. The board, independent of other authority
and notwithstanding chapters 16A and 16B, shall administer the
administrative fund established in the system office. All
activity fund money collected shall be administered under the
policies of the board subject to audit of the legislative
auditor.
Sec. 53. Minnesota Statutes 1995 Supplement, section
136F.80, subdivision 2, is amended to read:
Subd. 2. [DEPOSIT OF MONEY.] The board shall provide by
policy, in accordance with provisions of chapter 118, for the
deposit of all money received or referred to under this
section. Whenever the board shall by resolution determine that
there are moneys in the state college or university funds not
currently needed, the board may by resolution authorize and
direct the president of the college or university to invest a
specified amount in securities as are duly authorized as legal
investments for savings banks and trust companies. Securities
so purchased shall be deposited and held for the board by any
bank or trust company authorized to do a banking business in
this state. Notwithstanding the provisions of chapter 118, the
state board of investment may invest assets of the board,
colleges, and universities when requested by the board, college,
or university.
Sec. 54. Minnesota Statutes 1994, section 137.37, is
amended to read:
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.
Sec. 55. Minnesota Statutes 1995 Supplement, section
169.441, subdivision 5, is amended to read:
Subd. 5. [OPTIONAL MARKINGS; RULES.] A school district or
technical college may elect to show on the front and rear of the
school buses that it owns or contracts for, a plainly visible,
summary message explaining section 169.444, subdivisions 1 and
2. If the school district or technical college elects to
display the message, it must conform with the rules of the
commissioner of children, families, and learning. The
commissioner shall adopt rules governing the size, type, design,
display, and content of the summary message that may be shown.
Sec. 56. Minnesota Statutes 1994, section 169.448,
subdivision 2, is amended to read:
Subd. 2. [SCHOOL MOTOR COACHES.] (a) Neither A school
district nor a technical college may not acquire a motor coach
for transportation purposes.
(b) A motor coach acquired by a school district or
technical college before March 26, 1986, may be used by it only
to transport students participating in school activities, their
instructors, and supporting personnel to and from school
activities. A motor coach may not be outwardly equipped and
identified as a school bus. A motor coach operated under this
subdivision is not a school bus for purposes of section
124.225. The state board of education shall implement rules
governing the equipment, identification, operation, inspection,
and certification of motor coaches operated under this
subdivision.
(c) After January 1, 1998, neither a school district nor a
technical college may not own or operate a motor coach for any
purpose.
Sec. 57. Minnesota Statutes 1994, section 201.1611, is
amended to read:
201.1611 [POST-SECONDARY INSTITUTION VOTER REGISTRATION.]
Subdivision 1. [FORMS.] All post-secondary institutions
that enroll students accepting state or federal financial aid
shall provide voter registration forms to each student upon
payment of tuition, fees, and activities funds at the
commencement of as early as possible in the fall quarter. The
forms must contain spaces for the information required in
section 201.071, subdivision 1, and applicable rules of the
secretary of state. The institutions may request these forms
from the secretary of state. Institutions shall consult with
their campus student government in determining the most
effective means of distributing the forms and in seeking to
facilitate election day registration of students under section
201.061, subdivision 3.
Subd. 2. [STUDENT VOTER REGISTRATION.] Upon registration
or receipt of payment of fees, students must be asked if they
want to register to vote at the same time. A copy of each
completed voter registration form must be sent to the county
auditor of the county in which the voter maintains residence or
to the secretary of state as soon as possible. All completed
voter registration forms must be forwarded to the county auditor
within five days and in no case later than 21 days before the
general election.
Sec. 58. Minnesota Statutes 1994, 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 Minnesota state colleges and
universities at a state university or, a community college
systems, a consolidated community technical college, or a
technical college served by the commissioner before January 1,
1996, 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 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 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. 59. Laws 1995, chapter 212, article 2, section 15, is
amended to read:
Sec. 15. [CREDIT STUDENT TRACKING.] The board of regents
of the University of Minnesota and the board of trustees of the
Minnesota state colleges and universities are requested to
develop a centralized electronic tracking system systems of
credits earned by students student enrollment.
Sec. 60. Laws 1995, chapter 212, article 2, section 20,
subdivision 1, is amended to read:
Subdivision 1. [PLAN.] The state universities, community
colleges, and technical colleges shall each develop and
implement plans, in conjunction with the board of trustees, to
provide students with job placement history and projected demand
to students at the time the student declares a major program or
field of study for careers in major programs or fields of
study. The University of Minnesota campuses are requested to
develop and implement similar plans. These plans may allow for
this information to be provided through such means as in-person
student advising or electronic delivery, as determined by the
campus to best address student needs.
Sec. 61. Laws 1995, chapter 212, article 2, section 20,
subdivision 2, is amended to read:
Subd. 2. [CONTENTS.] Information provided must include
program placement history, and projected demand in the field and
in associated types of placement, using labor market forecasting
information from the department of economic security or similar
materials. The plan must provide for students to indicate in
writing that they received the information.
Sec. 62. [MINNESOTA STATE COLLEGE AND UNIVERSITY
POLICIES.]
Subdivision 1. [GENERAL.] In establishing system policies
under this section and elsewhere in this act, the system office
and campus representatives shall consult with the departments of
administration, employee relations, and finance.
Subd. 2. [DEVELOPMENT.] The system office and the campuses
shall begin developing policies and procedures and do other
necessary planning to implement this act immediately upon final
enactment. Policies and procedures necessary to implement
section 47 shall be developed by July 1, 1996. To the extent
possible, policies and procedures necessary to implement any
other sections shall be developed before the beginning of the
1996-1997 academic year.
Subd. 3. [PROPERTY DISPOSAL POLICY.] Notwithstanding
Minnesota Statutes, section 15.054, Minnesota state college and
university system and campus officials, in consultation with the
department of administration, shall establish an efficient
method for the disposal and exchange of property and equipment
no longer needed by the system office or a campus, but that
might be of use to another college or university in the system.
Minnesota state college and university system and campus
officials may allow other state and local governmental agencies
access to property and equipment to be used for educational
purposes.
Subd. 4. [ENVIRONMENTALLY RESPONSIBLE PRACTICES.] The
board shall develop (1) resource recovery policies that ensure
recycling in the system office and at the colleges and
universities is at least maintained at the current level, and (2)
environmentally responsible practices that are consistent in
their intent and goals with Minnesota Statutes, sections 16B.121
and 115A.15, and related administrative policies.
Sec. 63. [FINANCIAL AID RULES.]
The higher education services office shall eliminate the
requirement that schools document that students have been
counseled regarding responsibilities as SELF loan borrowers.
Schools shall have a campus policy for counseling students about
their obligations and responsibilities as SELF borrowers. This
counseling may be done in conjunction with federal loan
counseling. The office shall work with the Minnesota
association of financial aid administrators to determine a
solution to the problems created by different federal and state
disbursement schedules and to improve the process relating to
holds on state grants for nonpayment of child support.
Sec. 64. [CONTRACT LIABILITY.]
Any procurement contract involving the department of
administration that (1) was entered into before March 1, 1996,
and (2) would be breached without the participation of the
Minnesota state colleges and universities as determined by the
attorney general, shall remain in effect until the first time
that the Minnesota state colleges and universities can be
excluded without liability.
Sec. 65. [TRANSITIONAL BARGAINING.]
Changes in the authority of the board of trustees to
negotiate contracts under section 23 apply to negotiations for
contracts for the period beginning July 1, 1999.
Sec. 66. [REPEALER.]
Minnesota Statutes 1994, sections 137.03; 137.05; 137.06;
137.07; 137.08; 137.11; 137.14; 137.15; and 137.33; Minnesota
Statutes 1995 Supplement, section 136F.59, subdivision 1, are
repealed.
Sec. 67. [EFFECTIVE DATE.]
Sections 1, 2, 5 to 11, 14, 15, 26 to 31, 33 to 38, 41 to
46, 48, and 53 to 66 are effective the day following final
enactment. Sections 3, 4, 12, 13, 16 to 24, 32, 39, 40, 47, and
49 to 52 are effective July 1, 1996. Section 25 is effective
January 1, 1997.
Presented to the governor March 29, 1996
Signed by the governor April 2, 1996, 10:10 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes