1.1                          A bill for an act
  1.2             relating to education; removing mandates from higher 
  1.3             education; requiring increased accountability and 
  1.4             performance for funding; amending Minnesota Statutes 
  1.5             1994, sections 15.43, subdivisions 2 and 3; 16B.01, 
  1.6             subdivision 2; 16B.21, subdivisions 1 and 3; 16B.33, 
  1.7             subdivisions 1, 3, and 4; 16B.35, by adding a 
  1.8             subdivision; 16B.41, subdivision 2; 16B.46; 43A.05, 
  1.9             subdivision 4; 43A.10, subdivision 3; 135A.033; 
  1.10            135A.14, as amended; 137.37; 169.448, subdivision 2; 
  1.11            201.1611; and 248.07, subdivision 7; Minnesota 
  1.12            Statutes 1995 Supplement, sections 16B.17, subdivision 
  1.13            6; 16B.465, subdivision 4; 43A.06, subdivision 1; 
  1.14            43A.18, subdivision 3a; 135A.181; 136A.101, 
  1.15            subdivision 10; 136F.06, subdivisions 1 and 2; 
  1.16            136F.12; 136F.16, subdivision 3; 136F.18; 136F.30; 
  1.17            136F.36, subdivision 2; 136F.44; 136F.50; 136F.53, 
  1.18            subdivisions 1 and 3; 136F.58; 136F.71, by adding a 
  1.19            subdivision; 136F.72, subdivision 3; 136F.80; 136F.93; 
  1.20            136F.95; and 136F.97; Laws 1995, chapter 212, article 
  1.21            2, sections 15; and 20, subdivisions 1 and 2; 
  1.22            proposing coding for new law in Minnesota Statutes, 
  1.23            chapters 135A; 136A; and 136F; repealing Minnesota 
  1.24            Statutes 1994, sections 137.03; 137.05; 137.06; 
  1.25            137.07; 137.08; 137.11; 137.14; 137.15; 137.33; and 
  1.26            137.36; Minnesota Statutes 1995 Supplement, sections 
  1.27            16A.125, subdivision 6a; 135A.08; 136F.25; and 
  1.28            136F.59, subdivision 1; Laws 1995, chapter 212, 
  1.29            article 1, section 6, subdivision 1. 
  1.30  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.31     Section 1.  [LEGISLATIVE INTENT.] 
  1.32     It is the intent of the legislature to increase the 
  1.33  accountability of higher education through added system and 
  1.34  campus responsibilities for decision-making, governance and 
  1.35  management.  To accomplish this, the legislature intends to 
  1.36  relieve higher education of many of the mandates that are 
  1.37  legislatively imposed or that emanate from executive agency 
  2.1   actions.  In so doing, the legislature is placing the burden on 
  2.2   higher education to take control of its spending in a time of 
  2.3   fiscal constraints and to thereby demonstrate, through its 
  2.4   choices, the value of the state's investment.  In removing 
  2.5   legislative and executive mandates, the legislature intends to 
  2.6   provide higher education with greater flexibility in how it 
  2.7   conducts its business by making the letter of the law less 
  2.8   constraining.  However, it is the intent of the legislature that 
  2.9   higher education continue to meet its public responsibilities by 
  2.10  abiding by the spirit of the laws that have been enacted. 
  2.11     Sec. 2.  Minnesota Statutes 1994, section 15.43, 
  2.12  subdivision 2, is amended to read: 
  2.13     Subd. 2.  [TEXTBOOKS EXEMPTED.] Textbooks, software, and 
  2.14  other course materials authored by an employee of the ~~state's~~ 
  2.15  ~~education systems~~ Minnesota state colleges and universities or 
  2.16  of the University of Minnesota may be used as required course 
  2.17  material ~~upon receipt of written approval from the head of the~~ 
  2.18  ~~department~~.  Instructors in state institutions and at the 
  2.19  university may accept free samples of textbooks and related 
  2.20  teaching materials.  
  2.21     Sec. 3.  Minnesota Statutes 1994, section 15.43, 
  2.22  subdivision 3, is amended to read: 
  2.23     Subd. 3.  [OTHER EXEMPTIONS.] The commissioners of human 
  2.24  services and corrections~~, and the chancellors of the state~~ 
  2.25  ~~university and community college systems~~ may by rule prescribe 
  2.26  procedure for the acceptance of gifts from any person or 
  2.27  organization, provided that such gifts are accepted by the 
  2.28  commissioner ~~or chancellor~~, or a designated representative of 
  2.29  the commissioner ~~or chancellor~~, and that such gifts are used 
  2.30  solely for the direct benefit of patients~~,~~ or inmates ~~or~~ 
  2.31  ~~students~~ under the jurisdiction of the accepting state officer. 
  2.32     Sec. 4.  Minnesota Statutes 1994, section 16B.01, 
  2.33  subdivision 2, is amended to read: 
  2.34     Subd. 2.  [AGENCY.] "Agency" means any state officer, 
  2.35  employee, board, commission, authority, department, or other 
  2.36  agency of the executive branch of state government.  Unless 
  3.1   specifically provided elsewhere in law, agency does not include 
  3.2   the Minnesota state colleges and universities. 
  3.3      Sec. 5.  Minnesota Statutes 1995 Supplement, section 
  3.4   16B.17, subdivision 6, is amended to read: 
  3.5      Subd. 6.  [EXCLUSIONS.] This section and section 16B.167 do 
  3.6   not apply~~:~~ 
  3.7      ~~(1) to Minnesota state college or university contracts to~~ 
  3.8   ~~provide instructional services to public or private~~ 
  3.9   ~~organizations, agencies, businesses, or industries;~~ 
  3.10     ~~(2)~~ to contracts with individuals or organizations for 
  3.11  administration of employee pension plans authorized under 
  3.12  chapter 354B or 354C~~; or~~ 
  3.13     ~~(3) to instructional services provided to Minnesota state~~ 
  3.14  ~~colleges or universities by organizations or individuals~~ 
  3.15  ~~provided the contracts are consistent with terms of applicable~~ 
  3.16  ~~labor agreements~~. 
  3.17     Sec. 6.  Minnesota Statutes 1994, section 16B.21, 
  3.18  subdivision 1, is amended to read: 
  3.19     Subdivision 1.  [COMMISSIONER OF ADMINISTRATION.] The 
  3.20  commissioner shall submit an annual report pursuant to section 
  3.21  3.195 to the governor and the legislature with a copy to the 
  3.22  commissioner of trade and economic development indicating the 
  3.23  progress being made toward the objectives and goals of sections 
  3.24  16B.19 to 16B.22, ~~137.31, 137.35,~~ 161.321, and 473.142 during 
  3.25  the preceding fiscal year.  The commissioner shall also submit a 
  3.26  quarterly report to the small business and targeted group 
  3.27  procurement advisory council.  These reports shall include the 
  3.28  following information:  
  3.29     (1) the total dollar value and number of potential 
  3.30  set-aside awards identified during this period and the 
  3.31  percentage of total state procurement this figure reflects; 
  3.32     (2) the number of small businesses identified by and 
  3.33  responding to the small business procurement program, the total 
  3.34  dollar value and number of set-aside and other contracts 
  3.35  actually awarded to small businesses, and the total number of 
  3.36  small businesses that were awarded set-aside and other 
  4.1   contracts; 
  4.2      (3) the total dollar value and number of contracts awarded 
  4.3   to small targeted group businesses pursuant to each bidding 
  4.4   process authorized by sections 16B.19, subdivision 2c, ~~137.31,~~ 
  4.5   ~~137.35,~~ 161.321, and 473.142; the total number and value of 
  4.6   these contracts awarded to each small targeted group business 
  4.7   and to each type of small targeted group business in each 
  4.8   purchasing category, and the percentages of the total 
  4.9   procurement for each purchasing category the figures represent; 
  4.10     (4) the total dollar value and number of contracts awarded 
  4.11  to small businesses in economically disadvantaged areas under 
  4.12  the bidding process authorized in section 16B.19, subdivision 
  4.13  2d; the total number and value of these contracts awarded to 
  4.14  each business, and to all businesses within each economically 
  4.15  disadvantaged area in each purchasing category, and the 
  4.16  percentages of total procurement for each purchasing category 
  4.17  the figures represent. 
  4.18     The information required by clauses (1) and (2) must be 
  4.19  presented on a statewide basis and also broken down by 
  4.20  geographic regions within the state.  
  4.21     Sec. 7.  Minnesota Statutes 1994, section 16B.21, 
  4.22  subdivision 3, is amended to read: 
  4.23     Subd. 3.  [REPORTS FROM OTHER AGENCIES.] The commissioner 
  4.24  of transportation, and each metropolitan agency listed in 
  4.25  section 473.143, subdivision 1, ~~and the University of Minnesota~~ 
  4.26  shall report to the commissioner of administration all 
  4.27  information that the commissioner requests to make reports 
  4.28  required under this section.  The information must be reported 
  4.29  at the time and in the manner requested by the commissioner of 
  4.30  administration. 
  4.31     Sec. 8.  Minnesota Statutes 1994, section 16B.33, 
  4.32  subdivision 1, is amended to read: 
  4.33     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  4.34  following terms have the meanings given them:  
  4.35     (a) "Agency" has the meaning given in section 16B.01~~, and~~ 
  4.36  ~~also includes the University of Minnesota~~.  
  5.1      (b) "Architect" means an architect or landscape architect 
  5.2   registered to practice under sections 326.02 to 326.15.  
  5.3      (c) "Board" means the state designer selection board.  
  5.4      (d) "Designer" means an architect or engineer, or a 
  5.5   partnership, association, or corporation comprised primarily of 
  5.6   architects or engineers or of both architects and engineers.  
  5.7      (e) "Engineer" means an engineer registered to practice 
  5.8   under sections 326.02 to 326.15.  
  5.9      (f) "Person" includes an individual, corporation, 
  5.10  partnership, association, or any other legal entity.  
  5.11     (g) "Primary designer" means the designer who is to have 
  5.12  primary design responsibility for a project, and does not 
  5.13  include designers who are merely consulted by the user agency 
  5.14  and do not have substantial design responsibility, or designers 
  5.15  who will or may be employed or consulted by the primary designer.
  5.16     (h) "Project" means an undertaking to construct, erect, or 
  5.17  remodel a building by or for the state or an agency.  
  5.18     (i) "User agency" means the agency undertaking a specific 
  5.19  project.  
  5.20     Sec. 9.  Minnesota Statutes 1994, section 16B.33, 
  5.21  subdivision 3, is amended to read: 
  5.22     Subd. 3.  [AGENCIES MUST REQUEST DESIGNER.] (a) [ 
  5.23  APPLICATION.] Upon undertaking a project with an estimated cost 
  5.24  greater than $750,000 or a planning project with estimated fees 
  5.25  greater than $60,000, every user agency, except the capitol area 
  5.26  architectural and planning board, shall submit a written request 
  5.27  for a primary designer for its project to the commissioner, who 
  5.28  shall forward the request to the board.  The University of 
  5.29  Minnesota and the Minnesota state colleges and universities may 
  5.30  request the board to select designers for their projects.  The 
  5.31  written request must include a description of the project, the 
  5.32  estimated cost of completing the project, a description of any 
  5.33  special requirements or unique features of the proposed project, 
  5.34  and other information which will assist the board in carrying 
  5.35  out its duties and responsibilities set forth in this section.  
  5.36     (b)  [REACTIVATED PROJECT.] If a project for which a 
  6.1   designer has been selected by the board becomes inactive, 
  6.2   lapses, or changes as a result of project phasing, insufficient 
  6.3   appropriations, or other reasons, the commissioner ~~or the~~ 
  6.4   ~~University of Minnesota~~ may, if the project is reactivated, 
  6.5   retain the same designer to complete the project.  
  6.6      (c)  [FEE LIMIT REACHED AFTER DESIGNER SELECTED.] If a 
  6.7   project initially estimated to be below the cost and planning 
  6.8   fee limits of this subdivision has its cost or planning fees 
  6.9   revised so that the limits are exceeded, the project must be 
  6.10  referred to the board for designer selection even if a primary 
  6.11  designer has already been selected.  In this event, the board 
  6.12  may, without conducting interviews, elect to retain the 
  6.13  previously selected designer if it determines that the interests 
  6.14  of the state are best served by that decision and shall notify 
  6.15  the commissioner of its determination.  
  6.16     Sec. 10.  Minnesota Statutes 1994, section 16B.33, 
  6.17  subdivision 4, is amended to read: 
  6.18     Subd. 4.  [DESIGNER SELECTION PROCESS.] (a) [PUBLICITY.] 
  6.19  Upon receipt of a request from a user agency for a primary 
  6.20  designer, the board shall publicize the proposed project in 
  6.21  order to determine the identity of designers interested in the 
  6.22  design work on the project.  The board shall establish criteria 
  6.23  for the selection process and make this information public, and 
  6.24  shall compile data on and conduct interviews of designers.  The 
  6.25  board's selection criteria must include consideration of each 
  6.26  interested designer's performance on previous projects for the 
  6.27  state or any other person.  Upon completing the process, the 
  6.28  board shall select the primary designer and shall state its 
  6.29  reasons in writing.  Notification to the commissioner of the 
  6.30  selection shall be made not more than 60 days after receipt from 
  6.31  a user agency of a request for a primary designer.  The 
  6.32  commissioner shall promptly notify the designer and the user 
  6.33  agency.  The commissioner shall negotiate the designer's fee and 
  6.34  prepare the contract to be entered into between the designer and 
  6.35  the user agency.  
  6.36     (b) [CONFLICT OF INTEREST.] The board may not select a 
  7.1   designer or firm in which a member of the designer selection 
  7.2   board has a current financial interest.  
  7.3      (c) [SELECTION BY COMMISSIONER.] In the event the board 
  7.4   receives a request for a primary designer on a project, the 
  7.5   estimated cost of which is less than the limit established by 
  7.6   subdivision 3, or a planning project with estimated fees of less 
  7.7   than the limit established by subdivision 3, the board may 
  7.8   submit the request to the commissioner of administration, with 
  7.9   or without recommendations, and the commissioner shall thereupon 
  7.10  select the primary designer for the project.  
  7.11     (d) [SECOND SELECTION.] If the designer selected for a 
  7.12  project declines the appointment or is unable to reach agreement 
  7.13  with the commissioner on the fee or the terms of the contract, 
  7.14  the commissioner shall, within 60 days after the first 
  7.15  appointment, request the board to make another selection.  
  7.16     (e) [SIXTY DAYS TO SELECT.] If the board fails to make a 
  7.17  selection and forward its recommendation to the commissioner 
  7.18  within 60 days of the user agency's request for a designer, the 
  7.19  commissioner may appoint a designer to the project without the 
  7.20  recommendation of the board.  
  7.21     (f) [LESS THAN SATISFACTORY PERFORMANCE.] The commissioner~~,~~ 
  7.22  ~~or the University of Minnesota for projects under its~~ 
  7.23  ~~supervision,~~ shall forward to the board a written report 
  7.24  describing each instance in which the performance of a designer 
  7.25  selected by the board or the commissioner has been less than 
  7.26  satisfactory.  Criteria for determining satisfaction include the 
  7.27  ability of the designer to complete design work on time, to 
  7.28  provide a design responsive to program needs within the 
  7.29  constraints of the budget, to solve design problems and achieve 
  7.30  a design consistent with the proposed function of the building, 
  7.31  to avoid costly design errors or omissions, and to observe the 
  7.32  construction work.  These reports are public data and are 
  7.33  available for inspection under section 13.03.  
  7.34     Sec. 11.  Minnesota Statutes 1994, section 16B.35, is 
  7.35  amended by adding a subdivision to read: 
  7.36     Subd. 4.  [CAMPUSES.] When art is being selected for a 
  8.1   building on a public university or college campus, priority 
  8.2   shall be given to the artwork of faculty or students on that 
  8.3   campus, and shall be selected in consultation with campus 
  8.4   representatives. 
  8.5      Sec. 12.  Minnesota Statutes 1994, section 16B.41, 
  8.6   subdivision 2, is amended to read: 
  8.7      Subd. 2.  [RESPONSIBILITIES.] The office has the following 
  8.8   duties: 
  8.9      (a) The office must develop and establish a state 
  8.10  information architecture to ensure that further state agency 
  8.11  development and purchase of information systems equipment and 
  8.12  software is directed in such a manner that individual agency 
  8.13  information systems complement and do not needlessly duplicate 
  8.14  or needlessly conflict with the systems of other agencies.  In 
  8.15  those instances where state agencies have need for the same or 
  8.16  similar computer data, the commissioner shall ensure that the 
  8.17  most efficient and cost-effective method of producing and 
  8.18  storing data for or sharing data between those agencies is 
  8.19  used.  The development of this information architecture must 
  8.20  include the establishment of standards and guidelines to be 
  8.21  followed by state agencies.  On January 1, 1988, and every six 
  8.22  months thereafter, any state agency that has purchased 
  8.23  information systems equipment or software in the past six 
  8.24  months, or that is contemplating purchasing this equipment or 
  8.25  software in the next six months, must report to the office and 
  8.26  to the chairs of the house ways and means committee and the 
  8.27  senate finance committee on how the purchases or proposed 
  8.28  purchases comply with the applicable standards and guidelines.  
  8.29     (b) The office shall assist state agencies in the planning 
  8.30  and management of information systems so that an individual 
  8.31  information system reflects and supports the state agency's and 
  8.32  the state's mission, requirements, and functions.  
  8.33     (c) The office must review and approve all agency requests 
  8.34  for legislative appropriations for the development or purchase 
  8.35  of information systems equipment or software.  Requests may not 
  8.36  be included in the governor's budget submitted to the 
  9.1   legislature, unless the office has approved the request. 
  9.2      (d) Each biennium the office must rate agency requests for 
  9.3   new appropriations for development or purchase of information 
  9.4   systems equipment or software based on established information 
  9.5   management criteria.  The office must submit this rating to the 
  9.6   legislature at the same time, or no later than 14 days after, 
  9.7   the governor submits the budget message to the legislature.  The 
  9.8   governor must provide information necessary to rate agency 
  9.9   requests to the office. 
  9.10     (e) The office must define, review, and approve major 
  9.11  purchases of information systems equipment to (1) ensure that 
  9.12  the equipment follows the standards and guidelines of the state 
  9.13  information architecture; (2) ensure that the equipment is 
  9.14  consistent with the information management principles adopted by 
  9.15  the information policy council; (3) evaluate whether or not the 
  9.16  agency's proposed purchase reflects a cost-effective policy 
  9.17  regarding volume purchasing; and (4) ensure the equipment is 
  9.18  consistent with other systems in other state agencies so that 
  9.19  data can be shared among agencies, unless the office determines 
  9.20  that the agency purchasing the equipment has special needs 
  9.21  justifying the inconsistency.  The commissioner of finance may 
  9.22  not allot funds appropriated for major purchases of information 
  9.23  systems equipment until the office reviews and approves the 
  9.24  proposed purchase.  ~~A public institution of higher education~~ 
  9.25  ~~must not purchase interconnective computer technology without~~ 
  9.26  ~~the prior approval of the office.~~  
  9.27     (f) The office shall review the operation of information 
  9.28  systems by state agencies and provide advice and assistance so 
  9.29  that these systems are operated efficiently and continually meet 
  9.30  the standards and guidelines established by the office.  These 
  9.31  standards and guidelines shall emphasize uniformity that 
  9.32  encourages information interchange, open systems environments, 
  9.33  and portability of information whenever practicable and 
  9.34  consistent with an agency's authority and the Minnesota 
  9.35  government data practices act.  The office, in consultation with 
  9.36  the intergovernmental information systems advisory council and 
 10.1   the legislative reference library, shall adopt specific 
 10.2   standards and guidelines to be met by each state agency within a 
 10.3   time period fixed by the office in regard to the following: 
 10.4      (1) establishment of methodologies and systems directed at 
 10.5   reducing and ultimately eliminating redundant storage of data 
 10.6   and encouraging greater use of central databases; 
 10.7      (2) establishment of data retention schedules, disaster 
 10.8   recovery plans and systems, security systems, and procedural 
 10.9   safeguards concerning privacy of data; 
 10.10     (3) establishment of pricing policies and incentives that 
 10.11  encourage electronic transfer of information in electronic 
 10.12  forms, while giving due consideration to the value and cost of 
 10.13  providing the information in those forms.  These pricing 
 10.14  policies may include preferential prices for information 
 10.15  requested by a public entity for a public purpose; and 
 10.16     (4) establishment of information sales systems that utilize 
 10.17  licensing and royalty agreements to the greatest extent 
 10.18  possible, together with procedures for agency denial of requests 
 10.19  for licenses or royalty agreements by commercial users or 
 10.20  resellers of the information.  Section 3.751 does not apply to 
 10.21  these licensing and royalty agreements and the agreements must 
 10.22  include provisions that section 3.751 does not apply and that 
 10.23  the state is immune from liability under the agreement. 
 10.24     If an agency needs additional funds to comply with the 
 10.25  requirements of this paragraph, the agency must first obtain 
 10.26  approval of the proposal by the office as required by paragraph 
 10.27  (c) before submitting it to the legislature. 
 10.28     (g) The office must conduct a comprehensive review at least 
 10.29  every three years of the information systems investments that 
 10.30  have been made by state agencies ~~and higher education~~ 
 10.31  ~~institutions~~.  The review must include recommendations on any 
 10.32  information systems applications that could be provided in a 
 10.33  more cost beneficial manner by an outside source.  The office 
 10.34  must report the results of its review to the legislature and the 
 10.35  governor.  
 10.36     (h) The office shall recommend to the legislature any 
 11.1   statutory changes that are necessary or desirable to accomplish 
 11.2   the duties described in this subdivision. 
 11.3      (i) The office must report to the legislature by January 15 
 11.4   each year on progress in implementing paragraph (f), clauses (1) 
 11.5   to (4). 
 11.6      Sec. 13.  Minnesota Statutes 1994, section 16B.46, is 
 11.7   amended to read: 
 11.8      16B.46 [TELECOMMUNICATION; POWERS.] 
 11.9      The commissioner shall supervise and control all state 
 11.10  telecommunication facilities including any transmission, 
 11.11  emission, or reception of signs, signals, writing, images, and 
 11.12  sounds or intelligence of any nature by wire, radio, optical, or 
 11.13  other electromagnetic systems.  Nothing in this section 
 11.14  modifies, amends, or abridges any powers and duties presently 
 11.15  vested in or imposed upon the University of Minnesota, the 
 11.16  Minnesota state colleges and universities, the commissioner of 
 11.17  transportation or the commissioner of public safety relating to 
 11.18  telecommunications facilities or the commissioner of 
 11.19  transportation relating only to radio air navigation facilities 
 11.20  or other air navigation facilities.  
 11.21     Sec. 14.  Minnesota Statutes 1995 Supplement, section 
 11.22  16B.465, subdivision 4, is amended to read: 
 11.23     Subd. 4.  [PROGRAM PARTICIPATION.] (a) The commissioner may 
 11.24  require the participation of state agencies~~,~~ and the state board 
 11.25  of education, and may request participation of the ~~governing~~ 
 11.26  ~~boards~~ board of the Minnesota state colleges and universities~~,~~ 
 11.27  ~~the community colleges,~~ and the ~~technical colleges, and may~~ 
 11.28  ~~request the participation of the~~ board of regents of the 
 11.29  University of Minnesota, in the planning and implementation of 
 11.30  the network to provide interconnective technologies.  The 
 11.31  commissioner shall establish reimbursement rates in cooperation 
 11.32  with the commissioner of finance to be billed to participating 
 11.33  agencies and educational institutions sufficient to cover the 
 11.34  operating, maintenance, and administrative costs of the system. 
 11.35     (b) A direct appropriation made to an educational 
 11.36  institution for usage costs associated with the STARS network 
 12.1   must only be used by the educational institution for payment of 
 12.2   usage costs of the network as billed by the commissioner of 
 12.3   administration.  ~~The post-secondary appropriations may be~~ 
 12.4   ~~shifted between systems as required by unanticipated usage~~ 
 12.5   ~~patterns.  An intersystem transfer must be requested by the~~ 
 12.6   ~~appropriate system and may be made only after review and~~ 
 12.7   ~~approval by the commissioner of finance, in consultation with~~ 
 12.8   ~~the commissioner of administration.~~ 
 12.9      Sec. 15.  Minnesota Statutes 1994, section 43A.05, 
 12.10  subdivision 4, is amended to read: 
 12.11     Subd. 4.  [TIME OFF IN EMERGENCIES.] The commissioner shall 
 12.12  authorize appointing authorities to pay for time off in 
 12.13  emergencies.  The commissioner, after consultation with the 
 12.14  commissioner of public safety, may excuse employees from duty 
 12.15  with full pay in the event of a natural or other emergency, if 
 12.16  continued operation would involve a threat to the health or 
 12.17  safety of individuals.  Absence with pay shall not exceed 16 
 12.18  working hours at any one time unless the commissioner authorizes 
 12.19  a longer duration.  Authority to excuse employees from duty with 
 12.20  full pay on the campuses of the Minnesota state colleges and 
 12.21  universities is vested in the college and university presidents, 
 12.22  under guidelines established by the board of trustees of the 
 12.23  Minnesota state colleges and universities. 
 12.24     Sec. 16.  Minnesota Statutes 1995 Supplement, section 
 12.25  43A.06, subdivision 1, is amended to read: 
 12.26     Subdivision 1.  [GENERAL.] (a) The commissioner, through 
 12.27  the labor relations bureau, shall perform the duties assigned to 
 12.28  the commissioner by sections 3.855, 179A.01 to 179A.25 and this 
 12.29  section.  
 12.30     (b) The deputy commissioner for the labor relations bureau 
 12.31  shall be the state labor negotiator for purposes of negotiating 
 12.32  and administering agreements with exclusive representatives of 
 12.33  employees and shall perform any other duties delegated by the 
 12.34  commissioner subject to the limitations in paragraph (c). 
 12.35     (c) ~~In consultation with the commissioner of employee~~ 
 12.36  ~~relations and except as specified in this paragraph,~~ The board 
 13.1   of trustees of the Minnesota state colleges and universities may 
 13.2   exercise the powers under this section for employees included in 
 13.3   units 9, 10, 11, and 12 in section 179A.10, subdivision 2.  ~~The~~ 
 13.4   ~~power and authority to engage in collective bargaining or to~~ 
 13.5   ~~enter into interest arbitration remains with the commissioner of~~ 
 13.6   ~~employee relations, who shall exercise those powers in~~ 
 13.7   ~~consultation with the board of trustees of the Minnesota state~~ 
 13.8   ~~colleges and universities.~~  The commissioner of employee 
 13.9   relations shall have the right to review and comment to the 
 13.10  Minnesota state colleges and universities on the board's final 
 13.11  proposals prior to exchange of final positions with the 
 13.12  designated bargaining units as well as any requests for interest 
 13.13  arbitration. 
 13.14     Sec. 17.  Minnesota Statutes 1994, section 43A.10, 
 13.15  subdivision 3, is amended to read: 
 13.16     Subd. 3.  [FACILITIES FURNISHED EXAMINERS.] The authorities 
 13.17  having control of public buildings in political subdivisions of 
 13.18  the state and school districts, upon written request of the 
 13.19  commissioner, shall furnish ~~without charge~~ convenient facilities 
 13.20  for the administration of examinations.  Upon such request, it 
 13.21  shall be the duty of state and local authorities and employees, 
 13.22  as it is consistent with their other duties, to aid in carrying 
 13.23  out the provisions of this section.  Campuses of the Minnesota 
 13.24  state colleges and universities may charge the commissioner for 
 13.25  actual costs incurred in providing facilities for examinations. 
 13.26     Sec. 18.  Minnesota Statutes 1995 Supplement, section 
 13.27  43A.18, subdivision 3a, is amended to read: 
 13.28     Subd. 3a.  [BOARD OF TRUSTEES OF THE MINNESOTA STATE 
 13.29  COLLEGES AND UNIVERSITIES PLAN.] Total compensation for 
 13.30  unclassified managerial positions under section 43A.08, 
 13.31  subdivision 1, clause (9), in the board of trustees of the 
 13.32  Minnesota state colleges and universities not covered by a 
 13.33  collective bargaining agreement must be determined by the board 
 13.34  of trustees of the Minnesota state colleges and universities.  
 13.35  ~~Before submitting a compensation plan to the legislature and the~~ 
 13.36  ~~legislative commission on employee relations, the board of~~ 
 14.1   ~~trustees of the Minnesota state colleges and universities must~~ 
 14.2   ~~submit the plan to the commissioner of employee relations for~~ 
 14.3   ~~review and comment.  The commissioner must complete the review~~ 
 14.4   ~~within 14 days of its receipt.~~  Compensation plans established 
 14.5   under this subdivision must be approved by the legislature and 
 14.6   the legislative commission on employee relations under section 
 14.7   3.855, before becoming effective. 
 14.8      Sec. 19.  Minnesota Statutes 1994, section 135A.033, is 
 14.9   amended to read: 
 14.10     135A.033 [PERFORMANCE FUNDING.] 
 14.11     The governing boards of the University of Minnesota~~, the~~ 
 14.12  ~~state universities, the community colleges, and the technical~~ 
 14.13  ~~colleges~~ and the Minnesota state colleges and universities, in 
 14.14  conjunction with their respective campuses, shall each specify 
 14.15  performance categories and indicators relating to section 
 14.16  135A.053, subdivision 1, to be used for policy and 
 14.17  appropriations decisions, as well as allocations for rewarding 
 14.18  campuses that achieve performance levels and assisting campuses 
 14.19  that are unable to achieve these levels.  Because the mission of 
 14.20  each system and type of campus varies, categories and indicators 
 14.21  shall vary accordingly. 
 14.22     Sec. 20.  [135A.053] [STATE HIGHER EDUCATION POLICY.] 
 14.23     Subdivision 1.  [STATEWIDE OBJECTIVES.] Minnesota's higher 
 14.24  education investment is made in pursuit of the following 
 14.25  objectives: 
 14.26     (1) to ensure quality - to provide a level of excellence 
 14.27  that is competitive on a national and international level, 
 14.28  through high quality teaching, scholarship, and learning in a 
 14.29  broad range of arts and sciences, technical education and 
 14.30  professional fields; 
 14.31     (2) to foster student success - to enable and encourage 
 14.32  students to choose institutions and programs that are best 
 14.33  suited for their talents and abilities, and to provide an 
 14.34  educational climate that supports students in pursuing their 
 14.35  goals and aspirations; 
 14.36     (3) to promote democratic values - to enhance Minnesota's 
 15.1   quality of life by developing understanding and appreciation of 
 15.2   a free and diverse society; 
 15.3      (4) to maintain access - to provide an opportunity for all 
 15.4   Minnesotans, regardless of personal circumstances, to 
 15.5   participate in higher education; and 
 15.6      (5) to enhance the economy - to assist the state in being 
 15.7   competitive in the world market, and to prepare a highly skilled 
 15.8   and adaptable workforce that meets Minnesota's opportunities and 
 15.9   needs. 
 15.10     Subd. 2.  [PERFORMANCE AND ACCOUNTABILITY.] Higher 
 15.11  education systems and campuses are expected to achieve the 
 15.12  objectives in subdivision 1 and will be held accountable for 
 15.13  doing so.  The legislature is increasing the flexibility of the 
 15.14  systems and campuses to provide greater responsibility to higher 
 15.15  education in deciding how to achieve statewide objectives, and 
 15.16  to decentralize authority so that those decisions can be made at 
 15.17  the level where the education is delivered.  To demonstrate 
 15.18  their accountability, the legislature expects each system and 
 15.19  campus to measure and report on its performance, using 
 15.20  meaningful indicators that are critical to achieving the 
 15.21  objectives in subdivision 1, as provided in section 135A.033. 
 15.22     Sec. 21.  Minnesota Statutes 1994, section 135A.14, as 
 15.23  amended by Laws 1995, chapter 212, article 3, section 59, and 
 15.24  Laws 1995, First Special Session chapter 3, article 16, section 
 15.25  13, is amended to read: 
 15.26     135A.14 [STATEMENT OF IMMUNIZATION OF POST-SECONDARY 
 15.27  STUDENTS.] 
 15.28     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
 15.29  following terms have the meanings given them.  
 15.30     (a) "Administrator" means the administrator of the 
 15.31  institution or other person with general control and supervision 
 15.32  of the institution. 
 15.33     (b) "Public or private post-secondary educational 
 15.34  institution" or "institution" means any of the following 
 15.35  institutions having an enrollment of more than 100 persons 
 15.36  during any quarter, term, or semester during the preceding 
 16.1   year:  (1) the University of Minnesota; (2) the state 
 16.2   universities; (3) the state community colleges; (4) public 
 16.3   technical colleges; (5) private four-year, professional and 
 16.4   graduate institutions; (6) private two-year colleges; and (7) 
 16.5   schools subject to either chapter 141, sections 136A.61 to 
 16.6   136A.71, or schools exempt under section 136A.657, and which 
 16.7   offer educational programs within the state for an academic year 
 16.8   greater than six consecutive months.  An institution's report to 
 16.9   the Minnesota higher education services office or the Minnesota 
 16.10  department of children, families, and learning may be considered 
 16.11  when determining enrollment. 
 16.12     (c) "Student" means a person born after 1956 and who did 
 16.13  not graduate from a Minnesota high school, and who is (1) 
 16.14  registering for more than one class during a full academic term, 
 16.15  such as a quarter or a semester~~;~~ or (2) housed on campus and is 
 16.16  registering for one or more classes.  Student does not include 
 16.17  persons enrolled in extension classes only or correspondence 
 16.18  classes only. 
 16.19     Subd. 2.  [STATEMENT OF IMMUNIZATION REQUIRED.] Except as 
 16.20  provided in subdivision 3, no student may remain enrolled in a 
 16.21  public or private post-secondary educational institution unless 
 16.22  the student has submitted to the administrator a statement that 
 16.23  the student has received appropriate immunization against 
 16.24  measles, rubella, and mumps after having attained the age of 12 
 16.25  months, and against diphtheria and tetanus within ten years of 
 16.26  first registration at the institution.  This statement must 
 16.27  indicate the month and year of each immunization given.  Instead 
 16.28  of submitting a statement, a student may provide an immunization 
 16.29  record maintained by a school according to section 123.70, 
 16.30  subdivision 7, or a school in another state if the required 
 16.31  information is contained in the record.  A student who has 
 16.32  submitted a statement as provided in this subdivision, may 
 16.33  transfer to a different Minnesota institution without submitting 
 16.34  another statement if the student's transcript or other official 
 16.35  documentation indicates that the statement was submitted. 
 16.36     Subd. 3.  [EXEMPTIONS FROM IMMUNIZATION.] (a) An 
 17.1   immunization listed in subdivision 2 is not required if the 
 17.2   student submits to the administrator a statement signed by a 
 17.3   physician that shows:  
 17.4      (1) that, for medical reasons, the student did not receive 
 17.5   an immunization; 
 17.6      (2) that the student has experienced the natural disease 
 17.7   against which the immunization protects; or 
 17.8      (3) that a laboratory has confirmed the presence of 
 17.9   adequate immunity. 
 17.10     (b) If the student submits a notarized statement that the 
 17.11  student has not been immunized as required in subdivision 2 
 17.12  because of the student's conscientiously held beliefs, the 
 17.13  immunizations described in subdivision 2 are not required.  The 
 17.14  institution shall forward this statement to the commissioner of 
 17.15  health.  
 17.16     Subd. 4.  [IMMUNIZATION FILES REQUIRED.] The institution 
 17.17  must maintain an immunization record ~~within the student's file~~ 
 17.18  for ~~all students~~ each student governed by this section for at 
 17.19  least one year from the time of original filing.  The 
 17.20  immunization records may be inspected by the department of 
 17.21  health and the local board of health in whose jurisdiction the 
 17.22  institution is located.  
 17.23     Subd. 5.  [DEADLINE FOR SUBMITTING STATEMENT.] The 
 17.24  institution shall require that the statement from the student, 
 17.25  as required within subdivision 2 or 3, be submitted within 45 
 17.26  days of commencement of the academic term for which the student 
 17.27  has registered. 
 17.28     Sec. 22.  Minnesota Statutes 1995 Supplement, section 
 17.29  135A.181, is amended to read: 
 17.30     135A.181 [ACADEMIC CALENDAR.] 
 17.31     Subdivision 1.  [TRANSITION TO SEMESTER SYSTEM.] The board 
 17.32  of trustees of the Minnesota state colleges and universities 
 17.33  shall convert, and the board of regents of the University of 
 17.34  Minnesota is requested to convert, to the semester system by the 
 17.35  ~~1998-1999~~ 1999-2000 academic year.  The public post-secondary 
 17.36  institutions shall review and revise the content and structure 
 18.1   of their academic programs, degrees, and courses, and prepare 
 18.2   new course materials as necessary.  ~~Each public post-secondary~~ 
 18.3   ~~board shall submit information on the progress to a semester~~ 
 18.4   ~~system in the 1997 biennial budget document.~~  The board of 
 18.5   trustees may permit a campus to remain on the quarter system or 
 18.6   another alternative if the board determines that this would 
 18.7   better serve students' needs. 
 18.8      Subd. 2.  [~~COMMON~~ CALENDAR.] In converting to the semester 
 18.9   system ~~required in subdivision 1 shall be offered on a common~~ 
 18.10  ~~calendar throughout all~~, the board and the campuses ~~under the~~ 
 18.11  ~~jurisdiction of the board of trustees of the Minnesota state~~ 
 18.12  ~~colleges and universities.  This calendar~~ shall set calendars 
 18.13  that best meet the needs of students, including those jointly 
 18.14  enrolled in local school districts and other cooperative 
 18.15  programs.  Common calendars shall ~~include~~ be a priority at 
 18.16  colocated campuses including a common start and end date for 
 18.17  each semester as well as common summer school schedules.  ~~The~~ 
 18.18  ~~board of trustees may exempt a campus from this calendar if they~~ 
 18.19  ~~determine that because of extenuating circumstances an~~ 
 18.20  ~~alternative calendar would better serve students' needs.~~ 
 18.21     Subd. 3.  [REPEALER.] This section is repealed June 30, 
 18.22  1999. 
 18.23     Sec. 23.  Minnesota Statutes 1995 Supplement, section 
 18.24  136A.101, subdivision 10, is amended to read: 
 18.25     Subd. 10.  "Satisfactory academic progress" means that: 
 18.26     (1) at ~~a~~ any point ~~between~~ before the end of a student's 
 18.27  ~~first and~~ second academic year of attendance at an institution, 
 18.28  the student has at least a cumulative grade point average of C 
 18.29  or its equivalent, or academic standing consistent with the 
 18.30  institution's graduation requirements; and 
 18.31     (2) by the end of the first term of the third and fourth 
 18.32  academic year of attendance, ~~(i)~~ the student has a cumulative 
 18.33  grade point average of at least a C or its equivalent~~, (ii) the~~ 
 18.34  ~~student's advisor certifies that the student has reviewed the~~ 
 18.35  ~~general education requirements necessary for graduation and is~~ 
 18.36  ~~making satisfactory progress toward completing them, and (iii)~~ 
 19.1   ~~the student's advisor certifies that the student has chosen a~~ 
 19.2   ~~major and reviewed the requirements necessary for completion of~~ 
 19.3   ~~the major~~. 
 19.4      Sec. 24.  [136A.1312] [FINANCIAL AID ADMINISTRATOR, 
 19.5   PROFESSIONAL JUDGMENT.] 
 19.6      Nothing in this chapter or in the office's rules, shall be 
 19.7   interpreted as limiting the ability of student financial aid 
 19.8   administrators, on the basis of adequate documentation, to make 
 19.9   necessary adjustments to the cost of attendance and expected 
 19.10  family contribution computations to allow for treatment of 
 19.11  individual students with special circumstances.  In addition, 
 19.12  nothing in this chapter or in the office's rules, shall be 
 19.13  interpreted as limiting the ability of the student financial aid 
 19.14  administrator to use supplementary information about the 
 19.15  financial status of eligible applicants in selecting recipients 
 19.16  of state financial aid and determining the amount of awards. 
 19.17     Sec. 25.  Minnesota Statutes 1995 Supplement, section 
 19.18  136F.06, subdivision 1, is amended to read: 
 19.19     Subdivision 1.  [GENERAL AUTHORITY.] The board shall 
 19.20  possess all powers necessary to govern the state colleges and 
 19.21  universities and all related property.  Those powers shall 
 19.22  include, but are not limited to, those enumerated in this 
 19.23  section.  The board shall prescribe ~~courses of study and~~ 
 19.24  conditions of admission, set tuition and fees, ~~prescribe~~ approve 
 19.25  programs of study and requirements for completion of programs, 
 19.26  approve the awarding of appropriate certificates, diplomas, and 
 19.27  degrees, and adopt suitable policies for the institutions it 
 19.28  governs.  To the extent practicable in protecting statewide 
 19.29  interests, the board shall provide autonomy to the campuses 
 19.30  while holding them accountable for their decisions.  Sections 
 19.31  14.01 to 14.47 do not apply to policies and procedures of the 
 19.32  board. 
 19.33     Sec. 26.  Minnesota Statutes 1995 Supplement, section 
 19.34  136F.06, subdivision 2, is amended to read: 
 19.35     Subd. 2.  [GOVERNANCE AUTHORITY.] The board shall have the 
 19.36  authority needed to operate and govern the state colleges and 
 20.1   universities unless otherwise directed or limited by law.  The 
 20.2   board is responsible for its operations and necessary decisions 
 20.3   unless these are specifically delegated by law to a state 
 20.4   department or agency. 
 20.5      Sec. 27.  Minnesota Statutes 1995 Supplement, section 
 20.6   136F.12, is amended to read: 
 20.7      136F.12 [FOND DU LAC CAMPUS.] 
 20.8      The Fond du Lac campus has a unique mission among two-year 
 20.9   colleges to serve the lower division general education needs in 
 20.10  Carlton and south St. Louis counties, and the education needs of 
 20.11  American Indians throughout the state and especially in northern 
 20.12  Minnesota.  Accordingly, while the college is governed by the 
 20.13  board of trustees, its governance is accomplished in conjunction 
 20.14  with the board of directors of Fond du Lac tribal college.  ~~By~~ 
 20.15  ~~July 1, 1995, the board of trustees and the board of directors~~ 
 20.16  ~~of Fond du Lac tribal college shall implement the mechanisms~~ 
 20.17  ~~necessary to accomplish the sharing of authority while ensuring~~ 
 20.18  ~~accountability for college actions.  The mechanisms shall~~ 
 20.19  ~~supersede any previous arrangement, agreement, or memorandum of~~ 
 20.20  ~~understanding.~~ 
 20.21     Sec. 28.  Minnesota Statutes 1995 Supplement, section 
 20.22  136F.16, subdivision 3, is amended to read: 
 20.23     Subd. 3.  [OFF-CAMPUS SITES.] The board shall not establish 
 20.24  off-campus centers or other permanent sites to provide academic 
 20.25  programs, courses, or student services without authorizing 
 20.26  legislation.  For the purposes of this subdivision, the campus 
 20.27  of Metropolitan State University is the seven-county 
 20.28  metropolitan area.  This section does not apply to sites set up 
 20.29  specifically for the delivery of courses and programs through 
 20.30  telecommunications.  
 20.31     Sec. 29.  Minnesota Statutes 1995 Supplement, section 
 20.32  136F.18, is amended to read: 
 20.33     136F.18 [CAMPUS CLOSING.] 
 20.34     The board may develop procedures to close a campus or 
 20.35  center under its jurisdiction.  ~~Prior to closing a campus or~~ 
 20.36  ~~center, the board shall hold a public hearing on the issue in~~ 
 21.1   ~~the area which would be affected by the closing.  At the hearing~~ 
 21.2   ~~affected persons shall have an opportunity to present~~ 
 21.3   ~~testimony.  The board shall give notice of this hearing by~~ 
 21.4   ~~publishing notice in the State Register and in a newspaper of~~ 
 21.5   ~~general circulation in the affected area at least 30 days before~~ 
 21.6   ~~the scheduled hearing.~~  The procedures must provide a public 
 21.7   opportunity for students and community members to be involved in 
 21.8   the decision. 
 21.9      Sec. 30.  Minnesota Statutes 1995 Supplement, section 
 21.10  136F.30, is amended to read: 
 21.11     136F.30 [COURSES AND PROGRAMS.] 
 21.12     The board shall ~~prescribe the courses~~ review and approve or 
 21.13  disapprove campus proposals for adding, deleting, or 
 21.14  substantially changing programs of study, including graduate and 
 21.15  undergraduate academic programs, training in professional, 
 21.16  semiprofessional, and technical fields, and adult education.  
 21.17  The board shall avoid duplicate program offerings.  The board 
 21.18  may initiate activities to close programs.  The board shall 
 21.19  place a high priority on ensuring the transferability of credit. 
 21.20     Sec. 31.  Minnesota Statutes 1995 Supplement, section 
 21.21  136F.36, subdivision 2, is amended to read: 
 21.22     Subd. 2.  [EXEMPTIONS.] The sale requirements of chapters 
 21.23  92 and 94 do not apply to this section~~, nor do the leasing~~ 
 21.24  ~~provisions of section 16B.24, nor do the construction~~ 
 21.25  ~~supervision and control provisions of sections 16B.30 to~~ 
 21.26  ~~16B.335~~.  The board shall develop policies for leasing 
 21.27  requirements and construction supervision.  The board will 
 21.28  normally competitively bid contracts related to instructional 
 21.29  construction but~~, notwithstanding the provisions of sections~~ 
 21.30  ~~16B.07 to 16B.09,~~ may negotiate contracts without competitive 
 21.31  bidding where it deems appropriate. 
 21.32     Sec. 32.  [136F.42] [PERSONNEL MANAGEMENT.] 
 21.33     Subdivision 1.  [TIME REPORTING.] Notwithstanding section 
 21.34  16A.17, chapter 43A, or any other law to the contrary, the board 
 21.35  may develop procedures to allow central office or campus 
 21.36  employees on salaries, as defined in section 43A.17, subdivision 
 22.1   1, to use negative time reporting in which employees report only 
 22.2   that time for which leave is taken. 
 22.3      Subd. 2.  [TRAVEL POLICIES.] Notwithstanding chapter 43A, 
 22.4   the board may adopt policies for colleges and universities to 
 22.5   approve and administer travel arrangements for employees on 
 22.6   campus, and for the system office to provide the same services 
 22.7   for employees in that office. 
 22.8      Sec. 33.  Minnesota Statutes 1995 Supplement, section 
 22.9   136F.44, is amended to read: 
 22.10     136F.44 [ADMINISTRATIVE INTERACTION WITH STUDENTS.] 
 22.11     Subdivision 1.  [SYSTEM AND CAMPUS ADMINISTRATORS.] As part 
 22.12  of their annual goal setting activity, all unrepresented system 
 22.13  and campus academic administrators ~~employed in their positions~~ 
 22.14  ~~before July 1, 1995, shall have the expectation of~~ are 
 22.15  encouraged to substantially ~~increasing~~ increase their 
 22.16  interaction with students through activities such as teaching a 
 22.17  regularly scheduled course or serving as an academic 
 22.18  advisor.  ~~Contracts for persons initially employed in~~ 
 22.19  ~~unclassified administrative positions on or after July 1, 1995,~~ 
 22.20  ~~shall include requirements for activities involving student~~ 
 22.21  ~~contact.~~  
 22.22     Subd. 2.  [~~EVALUATION~~ INFORMATION.] ~~Each state university,~~ 
 22.23  ~~community college, and technical college campus shall provide an~~ 
 22.24  ~~evaluation of this activity to the board, and~~ The board shall 
 22.25  include a summary of campus and system activities related to 
 22.26  subdivision 1 in its 1998-1999 biennial budget request.  
 22.27     Sec. 34.  Minnesota Statutes 1995 Supplement, section 
 22.28  136F.50, is amended to read: 
 22.29     136F.50 [COOPERATION OR PROMOTION OF A STATE COLLEGE OR 
 22.30  UNIVERSITY.] 
 22.31     The board and the campuses may cooperate by contractual 
 22.32  arrangement or otherwise with responsible persons, firms, 
 22.33  corporations, associations, or governmental agencies to promote 
 22.34  short courses, research, and other programs and activities in 
 22.35  the state colleges and universities as in the judgment of the 
 22.36  board or a campus contribute to the development of the state 
 23.1   colleges and universities and the welfare of their students. 
 23.2      Sec. 35.  [136F.525] [LOCAL COUNSEL.] 
 23.3      Notwithstanding section 8.06, a college or university may 
 23.4   employ, and determine the compensation for, legal counsel other 
 23.5   than the attorney general if the campus determines this better 
 23.6   serves its needs in responding to local issues. 
 23.7      Sec. 36.  [136F.526] [AUDITS.] 
 23.8      Each college and university shall be audited on a schedule 
 23.9   determined by the board.  The college or university may arrange 
 23.10  for this audit by contracting with the legislative auditor or a 
 23.11  private certified public accountant. 
 23.12     Sec. 37.  Minnesota Statutes 1995 Supplement, section 
 23.13  136F.53, subdivision 1, is amended to read: 
 23.14     Subdivision 1.  [~~BOARD POWER~~ CAMPUS AUTHORITY.] 
 23.15  Notwithstanding section 169.966, ~~the board may authorize~~ a state 
 23.16  college or university ~~to~~ may adopt and enforce policies, 
 23.17  regulations, or ordinances for the regulation of traffic and 
 23.18  parking in parking facilities and on private roads and roadways 
 23.19  situated on property owned, leased, occupied, or operated by the 
 23.20  state college or university. 
 23.21     Sec. 38.  Minnesota Statutes 1995 Supplement, section 
 23.22  136F.53, subdivision 3, is amended to read: 
 23.23     Subd. 3.  [DISPUTES.] A state college or university~~, with~~ 
 23.24  ~~the approval of the board,~~ shall establish procedures to resolve 
 23.25  a dispute arising from enforcement of a policy. 
 23.26     Sec. 39.  Minnesota Statutes 1995 Supplement, section 
 23.27  136F.58, is amended to read: 
 23.28     136F.58 [BOOKSTORES.] 
 23.29     ~~The board may permit~~ A state college or university ~~to~~ 
 23.30  ~~conduct~~ may operate a bookstore in a state college or university 
 23.31  building, or may allocate space in a state college or university 
 23.32  building and permit a person or corporation to ~~conduct~~ operate a 
 23.33  bookstore ~~therein~~ without rent at the ~~board's~~ campus' pleasure 
 23.34  and on such conditions as the board may impose.  The board may 
 23.35  provide insurance, at no cost to the state, for the inventory of 
 23.36  a bookstore a state college or university conducts in its 
 24.1   building. 
 24.2      Sec. 40.  [136F.581] [LOCAL SPENDING AUTHORITY.] 
 24.3      Subdivision 1.  [PURCHASING.] Each college and university, 
 24.4   in consultation with the system office, shall develop procedures 
 24.5   for purchasing goods and services.  Procedures shall be based on 
 24.6   those required of local entities as provided in section 471.345, 
 24.7   subdivisions 4, 5, and 8, allowing purchases to be made 
 24.8   independently or through the department of administration.  
 24.9   Sealed bids shall be required for purchases between $25,000 and 
 24.10  $50,000.  Purchases that exceed these limits shall be made as 
 24.11  prescribed by the board.  The board may raise the upper limit 
 24.12  for a campus, if it determines that circumstances warrant it. 
 24.13     Subd. 2.  [CONSTRUCTION.] Each college and university, in 
 24.14  consultation with the system office, shall develop procedures 
 24.15  for locally awarding construction projects up to $250,000 for 
 24.16  colleges and universities.  Bids shall be required for any 
 24.17  projects over $15,000.  Projects that exceed $250,000 shall be 
 24.18  awarded as prescribed by the board. 
 24.19     Subd. 3.  [CONTRACTS.] Notwithstanding chapters 8A and 16B, 
 24.20  each college and university, in consultation with the system 
 24.21  office, shall develop procedures to enter contracts for: 
 24.22     (1) professional or technical consultation services for up 
 24.23  to $15,000, or a higher limit under procedures prescribed by the 
 24.24  board; and 
 24.25     (2) short term leases for instructional space and equipment.
 24.26     Sec. 41.  [136F.582] [LOCAL CONTRACTING AUTHORITY.] 
 24.27     Notwithstanding the provisions of chapter 8A or 16B, 
 24.28  college and university presidents may enter into contracts to 
 24.29  provide customized training without additional authorization. 
 24.30     Sec. 42.  [136F.67] [FINANCING OF CHILD CARE, PARKING.] 
 24.31     Subdivision 1.  [AUTHORIZATION.] A technical college or a 
 24.32  community college must not seek financing for child care 
 24.33  facilities or parking facilities through the higher education 
 24.34  facilities authority, as provided in section 136A.28, 
 24.35  subdivision 3, without the explicit authorization of the board. 
 24.36     Subd. 2.  [PARKING.] State appropriations for repair or 
 25.1   construction of parking facilities must not be used for more 
 25.2   than one-half of the repair or construction cost of a parking 
 25.3   facility at any technical college or community college campus.  
 25.4   The campus must provide the remaining costs through local 
 25.5   revenue. 
 25.6      Sec. 43.  Minnesota Statutes 1995 Supplement, section 
 25.7   136F.71, is amended by adding a subdivision to read: 
 25.8      Subd. 3.  [INTEREST INCOME.] Interest income attributable 
 25.9   to general fund dedicated receipts of the board is appropriated 
 25.10  to the board.  The board shall allocate the income 
 25.11  proportionately among the colleges and universities. 
 25.12     Sec. 44.  Minnesota Statutes 1995 Supplement, section 
 25.13  136F.72, subdivision 3, is amended to read: 
 25.14     Subd. 3.  [ADMINISTRATION.] ~~The board~~ Each college and 
 25.15  university, independent of other authority and notwithstanding 
 25.16  chapters 16A and 16B, shall administer the money ~~collected~~ that 
 25.17  it collects for ~~the state colleges and universities~~ its activity 
 25.18  funds ~~and the administrative fund~~.  The board, independent of 
 25.19  other authority and notwithstanding chapters 16A and 16B, shall 
 25.20  administer the administrative fund established in the system 
 25.21  office.  All activity fund money collected shall be administered 
 25.22  under the policies of the board subject to audit of the 
 25.23  legislative auditor.  
 25.24     Sec. 45.  Minnesota Statutes 1995 Supplement, section 
 25.25  136F.80, is amended to read: 
 25.26     136F.80 [GRANTS; GIFTS; BEQUESTS; DEVISES; ENDOWMENTS.] 
 25.27     Subdivision 1.  [RECEIPT AND ACCEPTANCE.] ~~The board~~ A 
 25.28  college or university may apply for, receive, and accept on 
 25.29  behalf of the state and for the benefit of any state college or 
 25.30  university any grant, gift, bequest, devise, or endowment, 
 25.31  except real property, that any person, firm, corporation, 
 25.32  foundation, association, or government agency may make to the 
 25.33  board for the purposes of the state colleges and universities.  
 25.34  The ~~board~~ college or university may use any money given to it ~~or~~ 
 25.35  ~~to any of the state colleges and universities~~ consistent with 
 25.36  the terms and conditions under which the money was received and 
 26.1   for the purposes stated.  All moneys received are appropriated 
 26.2   to the ~~board for use in the colleges and universities~~ college or 
 26.3   university.  These moneys shall not be taken into account in 
 26.4   determining appropriations or allocations.  A campus may not 
 26.5   accept real property without the approval of the board.  All 
 26.6   taxes and special assessments constituting a lien on any real 
 26.7   property received and accepted by the board under this section 
 26.8   shall be paid in full before title is transferred to the state.  
 26.9      Subd. 2.  [DEPOSIT OF MONEY.] The board shall provide by 
 26.10  policy, in accordance with provisions of chapter 118, for the 
 26.11  deposit of all money received or referred to under this 
 26.12  section.  Whenever the board shall by resolution determine that 
 26.13  there are moneys in the state college or university funds not 
 26.14  currently needed, the board may by resolution authorize and 
 26.15  direct the president of the college or university to invest a 
 26.16  specified amount in securities as are duly authorized as legal 
 26.17  investments for savings banks and trust companies.  Securities 
 26.18  so purchased shall be deposited and held for the board by any 
 26.19  bank or trust company authorized to do a banking business in 
 26.20  this state.  Notwithstanding the provisions of chapter 11B, the 
 26.21  state board of investment may invest assets of the board, 
 26.22  colleges, and universities when requested by the board, college, 
 26.23  or university. 
 26.24     Sec. 46.  Minnesota Statutes 1995 Supplement, section 
 26.25  136F.93, is amended to read: 
 26.26     136F.93 [STUDENT ACTIVITIES, FEES CHARGED.] 
 26.27     Whenever bonds are issued as provided in sections 136F.90 
 26.28  to 136F.98, it shall be the duty of the board of trustees of the 
 26.29  Minnesota state colleges and universities to establish charges 
 26.30  or fees, including without limitation fees for student 
 26.31  activities and fees for student facilities, for the use of any 
 26.32  buildings or structures sufficient at all times to pay the 
 26.33  principal of and interest on the bonds and to create and 
 26.34  maintain suitable reserves for them and the necessary expenses 
 26.35  of their operation and maintenance.  All revenues derived from 
 26.36  their operation shall be set aside in a separate fund and 
 27.1   accounts and be irrevocably pledged for and used only to pay the 
 27.2   principal of and interest upon the bonds issued for the purpose 
 27.3   or purposes set forth and described in the resolution 
 27.4   authorizing the issuance of the bonds, and the necessary 
 27.5   expenses of the operation and maintenance of the buildings and 
 27.6   structures; and the charges and fees shall be sufficient at all 
 27.7   times for these purposes.  If revenue is generated beyond the 
 27.8   level necessary to pay the principal and interest on the bonds 
 27.9   and the necessary operation and maintenance expenses, it shall 
 27.10  be allocated to the campuses proportionate to the excess they 
 27.11  generated, for use in support of the operation and enhancement 
 27.12  of facilities built through the bonds. 
 27.13     Sec. 47.  Minnesota Statutes 1995 Supplement, section 
 27.14  136F.95, is amended to read: 
 27.15     136F.95 [ALLOCATION OF RECEIPTS.] 
 27.16     All moneys in the Board of Trustees of the Minnesota State 
 27.17  Colleges and Universities Revenue Fund and all income from the 
 27.18  operation of residence halls, dormitories, dining halls, student 
 27.19  union buildings, parking facilities and other revenue producing 
 27.20  buildings and structures are appropriated first to the payment 
 27.21  of expenses of the operation of the facilities from which the 
 27.22  revenues so appropriated are derived and second to the payment 
 27.23  of the obligations authorized by sections 136F.90 to 136F.98. 
 27.24  Money generated beyond the level necessary to meet the two 
 27.25  obligations above shall be allocated proportionately to the 
 27.26  campuses that generated it to use in the operation and 
 27.27  enhancement of the facilities built through the bonds. 
 27.28     Sec. 48.  Minnesota Statutes 1995 Supplement, section 
 27.29  136F.97, is amended to read: 
 27.30     136F.97 [CONTRACTS OF BOARD, PERFORMANCE COMPELLED.] 
 27.31     (a) The provisions of sections 136F.90 to 136F.98 and of 
 27.32  any resolution or other proceedings authorizing the issuance of 
 27.33  bonds shall constitute a contract with the holders of the bonds 
 27.34  and the provisions shall be enforceable either in law or in 
 27.35  equity, by suit, action, mandamus or other proceeding in any 
 27.36  court of competent jurisdiction to enforce or compel the 
 28.1   performance of any duties required by sections 136F.90 to 
 28.2   136F.98 and any resolution authorizing the issuance of bonds, 
 28.3   including the establishment of sufficient charges or fees for 
 28.4   use of any buildings or structures and the application of the 
 28.5   income and revenue from them; and it shall be the duty of the 
 28.6   board of trustees of the Minnesota state colleges and 
 28.7   universities or its successor upon the issuance of any bonds 
 28.8   under sections 136F.90 to 136F.98 to establish by resolution 
 28.9   from time to time the fees or charges to be made for the use of 
 28.10  any buildings or structures, which fees or charges shall be 
 28.11  adjusted from time to time in order to always provide sufficient 
 28.12  income for payment of the principal of and interest on the bonds 
 28.13  issued as provided for in sections 136F.90 to 136F.98, and for 
 28.14  the necessary expenses of operation and maintenance.  The board 
 28.15  shall permit campuses to charge rates for all revenue generating 
 28.16  facilities built through the bonds that vary from the rates 
 28.17  established by the board, provided that the rates proposed 
 28.18  generate sufficient revenue to meet the bond obligations and to 
 28.19  maintain the facilities. 
 28.20     (b) If the board of trustees of the Minnesota state 
 28.21  colleges and universities is abolished, all contracts made by 
 28.22  the board and all things done or actions taken by the board 
 28.23  under sections 136F.90 to 136F.98 shall be deemed to be 
 28.24  contracts of, actions taken and things done by its successor and 
 28.25  the successor shall be bound by all contracts, actions taken and 
 28.26  things done by the board and subject to all the obligations and 
 28.27  duties of the board under sections 136F.90 to 136F.98. 
 28.28     Sec. 49.  Minnesota Statutes 1994, section 137.37, is 
 28.29  amended to read: 
 28.30     137.37 [OFF-CAMPUS SITES AND CENTERS.] 
 28.31     The board of regents and the university campuses are 
 28.32  requested to not establish any off-campus centers or other 
 28.33  permanent sites located off university campuses to provide 
 28.34  academic programs, courses, or student services without 
 28.35  authorizing legislation.  This section does not apply to sites 
 28.36  set up specifically for the delivery of courses and programs 
 29.1   through telecommunications. 
 29.2      Sec. 50.  Minnesota Statutes 1994, section 169.448, 
 29.3   subdivision 2, is amended to read: 
 29.4      Subd. 2.  [SCHOOL MOTOR COACHES.] (a) ~~Neither~~ A school 
 29.5   district ~~nor a technical college~~ may not acquire a motor coach 
 29.6   for transportation purposes.  
 29.7      (b) A motor coach acquired by a school district ~~or~~ 
 29.8   ~~technical college~~ before March 26, 1986, may be used by it only 
 29.9   to transport students participating in school activities, their 
 29.10  instructors, and supporting personnel to and from school 
 29.11  activities.  A motor coach may not be outwardly equipped and 
 29.12  identified as a school bus.  A motor coach operated under this 
 29.13  subdivision is not a school bus for purposes of section 
 29.14  124.225.  The state board of education shall implement rules 
 29.15  governing the equipment, identification, operation, inspection, 
 29.16  and certification of motor coaches operated under this 
 29.17  subdivision.  
 29.18     (c) After January 1, 1998, ~~neither~~ a school district ~~nor a~~ 
 29.19  ~~technical college~~ may not own or operate a motor coach for any 
 29.20  purpose.  
 29.21     Sec. 51.  Minnesota Statutes 1994, section 201.1611, is 
 29.22  amended to read: 
 29.23     201.1611 [POST-SECONDARY INSTITUTION VOTER REGISTRATION.] 
 29.24     Subdivision 1.  [FORMS.] All post-secondary institutions 
 29.25  that enroll students accepting state or federal financial aid 
 29.26  shall provide voter registration forms to each student ~~upon~~ 
 29.27  ~~payment of tuition, fees, and activities funds at the~~ 
 29.28  ~~commencement of~~ as early as possible in the fall quarter.  The 
 29.29  forms must contain spaces for the information required in 
 29.30  section 201.071, subdivision 1, and applicable rules of the 
 29.31  secretary of state.  The institutions may request these forms 
 29.32  from the secretary of state. 
 29.33     Subd. 2.  [STUDENT VOTER REGISTRATION.] ~~Upon registration~~ 
 29.34  ~~or receipt of payment of fees, students must be asked if they~~ 
 29.35  ~~want to register to vote at the same time.~~  A copy of each 
 29.36  completed voter registration form must be sent to the county 
 30.1   auditor of the county in which the voter maintains residence or 
 30.2   to the secretary of state as soon as possible.  All completed 
 30.3   voter registration forms must be forwarded ~~to the county auditor~~ 
 30.4   ~~within five days and in~~ no ~~case~~ later than 21 days before the 
 30.5   general election. 
 30.6      Sec. 52.  Minnesota Statutes 1994, section 248.07, 
 30.7   subdivision 7, is amended to read: 
 30.8      Subd. 7.  [BLIND, VENDING STANDS AND MACHINES ON 
 30.9   GOVERNMENTAL PROPERTY.] Notwithstanding any other law, for the 
 30.10  rehabilitation of blind persons the commissioner shall have 
 30.11  exclusive authority to establish and to operate vending stands 
 30.12  and vending machines in all buildings and properties owned or 
 30.13  rented exclusively by the Minnesota state colleges and 
 30.14  universities at a state university or community college ~~systems~~ 
 30.15  or by any department or agency of the state of Minnesota except 
 30.16  the department of natural resources properties operated directly 
 30.17  by the division of state parks and not subject to private 
 30.18  leasing.  The merchandise to be dispensed by such vending stands 
 30.19  and machines may include nonalcoholic beverages, food, candies, 
 30.20  tobacco, souvenirs, notions and related items.  Such vending 
 30.21  stands and vending machines herein authorized shall be operated 
 30.22  on the same basis as other vending stands for the blind 
 30.23  established and supervised by the commissioner under federal 
 30.24  law.  The commissioner shall waive this authority to displace 
 30.25  any present private individual concessionaire in any state-owned 
 30.26  or rented building or property who is operating under a contract 
 30.27  with a specific renewal or termination date, until the renewal 
 30.28  or termination date.  With the consent of the governing body of 
 30.29  a governmental subdivision of the state, the commissioner may 
 30.30  establish and supervise vending stands and vending machines for 
 30.31  the blind in any building or property exclusively owned or 
 30.32  rented by the governmental subdivision. 
 30.33     Sec. 53.  Laws 1995, chapter 212, article 2, section 15, is 
 30.34  amended to read: 
 30.35     Sec. 15.  [~~CREDIT~~ STUDENT TRACKING.] The board of regents 
 30.36  of the University of Minnesota and the board of trustees of the 
 31.1   Minnesota state colleges and universities are requested to 
 31.2   develop ~~a~~ centralized electronic tracking ~~system~~ systems of 
 31.3   ~~credits earned by students~~ student enrollment. 
 31.4      Sec. 54.  Laws 1995, chapter 212, article 2, section 20, 
 31.5   subdivision 1, is amended to read: 
 31.6      Subdivision 1.  [PLAN.] The state universities, community 
 31.7   colleges, and technical colleges shall each develop and 
 31.8   implement plans, in conjunction with the board of trustees, to 
 31.9   provide students with job placement history and ~~projected demand~~ 
 31.10  ~~to students at the time the student declares a major program or~~ 
 31.11  ~~field of study~~ career opportunities.  The University of 
 31.12  Minnesota campuses are requested to develop and implement 
 31.13  similar plans.  These plans may allow for this information to be 
 31.14  provided through such means as in-person student advising or 
 31.15  electronic delivery, as determined by the campus to best address 
 31.16  student needs. 
 31.17     Sec. 55.  Laws 1995, chapter 212, article 2, section 20, 
 31.18  subdivision 2, is amended to read: 
 31.19     Subd. 2.  [CONTENTS.] Information provided must include 
 31.20  program placement history, and projected demand in the field and 
 31.21  in associated types of placement, using labor market forecasting 
 31.22  information from the department of economic security or similar 
 31.23  materials.  ~~The plan must provide for students to indicate in~~ 
 31.24  ~~writing that they received the information.~~ 
 31.25     Sec. 56.  [MINNESOTA STATE COLLEGE AND UNIVERSITY 
 31.26  POLICIES.] 
 31.27     Subdivision 1.  [GENERAL.] In establishing system policies 
 31.28  under this section and elsewhere in this act, the system office 
 31.29  and campus representatives shall consult with the departments of 
 31.30  administration, employee relations, and finance. 
 31.31     Subd. 2.  [PROPERTY DISPOSAL POLICY.] Notwithstanding 
 31.32  Minnesota Statutes, section 15.054, Minnesota state college and 
 31.33  university system and campus officials, in consultation with the 
 31.34  department of administration, shall establish an efficient 
 31.35  method for the disposal and exchange of property and equipment 
 31.36  no longer needed by the system office or a campus, but that 
 32.1   might be of use to another college or university in the system. 
 32.2      Sec. 57.  [FINANCIAL AID RULES.] 
 32.3      The higher education services office shall eliminate the 
 32.4   required entrance counseling for SELF loan borrowers.  The 
 32.5   office shall work with the Minnesota Association of Financial 
 32.6   Aid Administrators to determine a solution to the problems 
 32.7   created by different federal and state disbursement schedules 
 32.8   and to improve the process relating to holds on state grants for 
 32.9   nonpayment of child support. 
 32.10     Sec. 58.  [REPEALER.] 
 32.11     Minnesota Statutes 1994, sections 137.03; 137.05; 137.06; 
 32.12  137.07; 137.08; 137.11; 137.14; 137.15; 137.33; and 137.36; 
 32.13  Minnesota Statutes 1995 Supplement, sections 16A.125, 
 32.14  subdivision 6a; 135A.08; 136F.25; and 136F.59, subdivision 1; 
 32.15  and Laws 1995, chapter 212, article 1, section 6, subdivision 1, 
 32.16  are repealed. 
 32.17     Sec. 59.  [EFFECTIVE DATE.] 
 32.18     Sections 1 to 20; 21, subdivisions 2 to 5, and 22 to 58 are 
 32.19  effective the day following final enactment.  Section 21, 
 32.20  subdivision 1 is effective July 1, 1997.