Bill Text: MN HF2065 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Omnibus higher education bill.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-04-18 - HF indefinitely postponed [HF2065 Detail]
Download: Minnesota-2011-HF2065-Engrossed.html
1.2relating to higher education; increasing revenue bond debt ceiling for Board
1.3of Trustees of the Minnesota State Colleges and Universities; providing an
1.4exemption from state regulation of certain schools; requiring disclosure of
1.5certain course material and course information; establishing a MnSCU textbook
1.6task force; requiring an expanded waiver for mandatory health care coverage;
1.7authorizing a safety officer survivor education benefit for graduate study;
1.8modifying definition of contingent account owner for purposes of the college
1.9savings plan; directing a portion of the permanent university fund for a mining
1.10engineering program; modifying membership of the Student Advisory Council;
1.11modifying definition of student for purposes of the statement of immunization;
1.12modifying liquor license requirements for intercollegiate stadium operated by
1.13the University of Minnesota; providing funding for Hennepin County Medical
1.14Center graduate family medicine education programs; prohibiting fees related
1.15to the teacher performance assessment test;amending Minnesota Statutes 2010,
1.16sections 135A.14, subdivision 1; 135A.25, subdivision 5; 136A.031, subdivision
1.173; 136F.58, subdivision 3, by adding a subdivision; 136F.71, subdivision 3;
1.18136F.98, subdivision 1; 136G.03, subdivision 7; 137.022, subdivision 4; 141.35;
1.19299A.45, subdivisions 1, 2; 340A.404, subdivision 4a; proposing coding for new
1.20law in Minnesota Statutes, chapter 135A.
1.21BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.22 Section 1. [135A.044] STUDENT HEALTH CARE.
1.23A governing board of a Minnesota public postsecondary system that requires health
1.24benefit plan coverage for students must offer options for health plan coverage. The
1.25options must include an option to waive the requirement to purchase a plan selected by
1.26the institution and must include consideration for the fiscal impact of health plans on the
1.27student or the student's family. At a minimum, the waiver option must allow students to
1.28purchase health care plans from employer group coverage, private insurers, association
1.29group coverage, health sharing organizations, and MinnesotaCare.
2.1 Sec. 2. Minnesota Statutes 2010, section 135A.14, subdivision 1, is amended to read:
2.2 Subdivision 1. Definitions. As used in this section, the following terms have the
2.3meanings given them.
2.4(a) "Administrator" means the administrator of the institution or other person with
2.5general control and supervision of the institution.
2.6(b) "Public or private postsecondary educational institution" or "institution" means
2.7any of the following institutions having an enrollment of more than 100 persons during
2.8any quarter, term, or semester during the preceding year: (1) the University of Minnesota;
2.9(2) the state universities; (3) the state community colleges; (4) public technical colleges;
2.10(5) private four-year, professional and graduate institutions; (6) private two-year colleges;
2.11and (7) schools subject to either chapter 141, sections136A.61 to
136A.71 , or schools
2.12exempt under section136A.657 , and which offer educational programs within the state
2.13for an academic year greater than six consecutive months. An institution's report to the
2.14Minnesota Office of Higher Education or the Minnesota Department of Education may be
2.15considered when determining enrollment.
2.16(c) "Student" means a person born after 1956 who did not graduate from a Minnesota
2.17high school in 1997 or later, and who is (1) registering for more than one class during
2.18a full academic term, such as a quarter or a semester or (2) housed on campus and is
2.19registering for one or more classes. Student does not include persons who are only
2.20enrolled in extension classesonly or, correspondence classes only, online classes, or
2.21evening or weekend adult accelerated programs.
2.22 Sec. 3. Minnesota Statutes 2010, section 135A.25, subdivision 5, is amended to read:
2.23 Subd. 5. Bookstores; course materials. The University of Minnesota and private
2.24colleges are encouraged to comply with the requirementsfor instructors and bookstores
2.25under section136F.58, subdivision subdivisions 2, 2a, and 3 .
2.26 Sec. 4. Minnesota Statutes 2010, section 136A.031, subdivision 3, is amended to read:
2.27 Subd. 3. Student Advisory Council. (a) A Student Advisory Council (SAC) to
2.28the Minnesota Office of Higher Education is established. The members of SAC shall
2.29include, but not be limited to: the chair of the University of Minnesota student senate;
2.30the state chair of the Minnesota State University Student Association; the president of
2.31the Minnesota State College Student Association and an officer of the Minnesota State
2.32College Student Association, one in a community college course of study and one in a
2.33technical college course of study; the president of the Minnesota Association of Private
2.34College Students;and a student who is enrolled in a private vocational school, to be
3.1appointed by the Minnesota Career College Association; and the chair of the Minnesota
3.2Student Legislative Coalition. A member may be represented by a student designee who
3.3attends an institution from the same system that the absent member represents. The SAC
3.4shall select one of its members to serve as chair.
3.5(b) The Minnesota Office of Higher Education shall inform the SAC of all matters
3.6related to student issues under consideration. The SAC shall report to the Minnesota
3.7Office of Higher Education quarterly and at other times that the SAC considers desirable.
3.8The SAC shall determine its meeting times, but it shall also meet with the office within 30
3.9days after the director's request for a meeting.
3.10(c) The SAC shall:
3.11(1) bring to the attention of the Minnesota Office of Higher Education any matter
3.12that the SAC believes needs the attention of the office;
3.13(2) make recommendations to the Minnesota Office of Higher Education as it finds
3.14appropriate; and
3.15(3) approve student appointments by the Minnesota Office of Higher Education for
3.16each advisory group as provided in subdivision 4.
3.17 Sec. 5. Minnesota Statutes 2010, section 136F.58, is amended by adding a subdivision
3.18to read:
3.19 Subd. 2a. Course schedule and material list. (a) Each state college and university
3.20shall compile a course schedule indicating each course offered by the state college or
3.21university for each term and shall include with the course schedule a list of the required
3.22and recommended course materials that specifies, to the extent practicable, the information
3.23required in subdivision 3, paragraph (c).
3.24(b) At the time required by subdivision 3, paragraph (c), a state college or university
3.25shall publish course schedules and course material lists on the state college's or university's
3.26Web site.
3.27 Sec. 6. Minnesota Statutes 2010, section 136F.58, subdivision 3, is amended to read:
3.28 Subd. 3. Notice to purchase. (a) An instructor or department shallmake reasonable
3.29efforts to notify a bookstore of the final order for required and recommended course
3.30material at least30 45 days prior to the commencement of the term.
3.31(b) An instructor or department requiring a new printed textbook edition must notify
3.32the bookstore and students, as required in paragraph (a), if a previous edition of the
3.33textbook is acceptable as a substitute textbook for the course. The course syllabus must
3.34include details provided by the publisher of changes between editions of the textbook.
4.1(b) (c) The bookstore must make reasonable efforts to notify students of the
4.2following information concerning the required and recommended course material at
4.3least15 30 days prior to the commencement of the term for which the course material
4.4is required including, but not limited to:
4.5 (1) the title, edition, author, and International Standard Book Number (ISBN) of
4.6the course material;
4.7 (2) the retail price charged in the college or university bookstore for the course
4.8material, including custom textbooks;
4.9 (3)whether the required course material is bundled with optional material, whether
4.10it can be unbundled, and the price for each bundled and unbundled component the name of
4.11the publisher of the course material, except an international textbook purchased directly
4.12from a distributor where no publisher information is readily available;and
4.13 (4) whether the material is available in an alternative format and the cost for the
4.14alternatively formatted material.; and
4.15(5) the most recent copyright date of the printed course material and the copyright
4.16date of the most recent prior edition of the course material, if any.
4.17(d) For purposes of this subdivision, "custom textbooks" means course materials
4.18that are compiled by a publisher at the direction of a faculty member or, if applicable,
4.19the other adopting entity in charge of selecting course materials for courses taught at a
4.20state college or university. Custom textbooks may include items such as selections from
4.21original instructor materials, previously copyrighted publisher materials, copyrighted
4.22third-party works, or elements unique to a specific state college or university.
4.23 Sec. 7. Minnesota Statutes 2010, section 136F.71, subdivision 3, is amended to read:
4.24 Subd. 3. Interest income.Beginning July 1, 1997, Interest income attributable to
4.25general fund dedicated receipts of the board is appropriated to the board. The board shall
4.26allocate the income proportionately among the colleges and universities. The board shall
4.27report this income separately in its biennial budget requests.
4.28EFFECTIVE DATE.This section is effective July 1, 2012.
4.29 Sec. 8. Minnesota Statutes 2010, section 136F.98, subdivision 1, is amended to read:
4.30 Subdivision 1. Issuance of bonds. The Board of Trustees of the Minnesota State
4.31Colleges and Universities or a successor may issue revenue bonds under sections136F.90
4.32to
136F.97 whose aggregate principal amount at any time may not exceed $300,000,000
4.33$405,000,000, and payable from the revenue appropriated to the fund established by
4.34section136F.94 , and use the proceeds together with other public or private money that
5.1may otherwise become available to acquire land, and to acquire, construct, complete,
5.2remodel, and equip structures or portions thereof to be used for dormitory, residence hall,
5.3student union, food service, parking purposes, or for any other similar revenue-producing
5.4building or buildings of such type and character as the board finds desirable for the good
5.5and benefit of the state colleges and universities. Before issuing the bonds or any part
5.6of them, the board shall consult with and obtain the advisory recommendations of the
5.7chairs of the house of representatives Ways and Means Committee and the senate Finance
5.8Committee about the facilities to be financed by the bonds.
5.9 Sec. 9. Minnesota Statutes 2010, section 136G.03, subdivision 7, is amended to read:
5.10 Subd. 7. Contingent account owner. "Contingent account owner" means the
5.11individual person designated as the account owner, either in the participation agreement or
5.12pursuant to a separate Minnesota college savings plan form, in the event of the death of
5.13the account owner.
5.14 Sec. 10. Minnesota Statutes 2010, section 137.022, subdivision 4, is amended to read:
5.15 Subd. 4. Mineral research; scholarships. (a) All income credited after July 1,
5.161992, to the permanent university fund from royalties for mining under state mineral
5.17leases from and after July 1, 1991, must be allocated as provided in this subdivision.
5.18(b)(1)Fifty Beginning January 1, 2013, 50 percent of the income must be allocated
5.19according to this paragraph. One-half of the income under this paragraph, up to
5.20$50,000,000, must be credited to the mineral research account of the fund to be allocated
5.21for the Natural Resources Research Institute-Duluth and Coleraine facilities, for mineral
5.22and mineral-related research including mineral-related environmental research; and. The
5.23other one-half of the income under this paragraph, up to $25,000,000, is credited to an
5.24endowment for the costs of operating a mining, metallurgical, or related engineering
5.25degree program offered through the University of Minnesota at Mesabi Range Community
5.26and Technical College and for scholarships for students to attend the mining, metallurgical,
5.27or related engineering program.
5.28(2) The remainder of the income under paragraph (a) and the amount of any income
5.29over the $25,000,000 for the engineering program under clause (1) must be credited
5.30to the endowed scholarship account of the fund for distribution annually for scholastic
5.31achievement as provided by the Board of Regents to undergraduates enrolled at the
5.32University of Minnesota who are resident students as defined in section136A.101,
5.33subdivision 8 .
6.1(c) The annual distribution from the endowed scholarship account must be allocated
6.2to the various campuses of the University of Minnesota in proportion to the number of
6.3undergraduate resident students enrolled on each campus.
6.4(d) The Board of Regents must report to the education committees of the legislature
6.5biennially at the time of the submission of its budget request on the disbursement of money
6.6from the endowed scholarship account and to the environment and natural resources
6.7committees on the use of the mineral research account.
6.8(e) Capital gains and losses and portfolio income of the permanent university fund
6.9must be credited to its three accounts in proportion to the market value of each account.
6.10(f) The endowment support from the income and capital gains of the endowed
6.11mineral research and endowed scholarship accounts of the fund must not total more than
6.12six percent per year of the 36-month trailing average market value of the account from
6.13which the support is derived.
6.14 Sec. 11. Minnesota Statutes 2010, section 141.35, is amended to read:
6.15141.35 EXEMPTIONS.
6.16 Sections141.21 to
141.32 shall not apply to the following:
6.17 (1) public postsecondary institutions;
6.18 (2) postsecondary institutions registered under sections136A.61 to
136A.71 ;
6.19 (3) schools of nursing accredited by the state Board of Nursing or an equivalent
6.20public board of another state or foreign country;
6.21 (4) private schools complying with the requirements of section120A.22, subdivision
6.224 ;
6.23 (5) courses taught to students in a valid apprenticeship program taught by or
6.24required by a trade union;
6.25 (6) schools exclusively engaged in training physically or mentally disabled persons
6.26for the state of Minnesota;
6.27 (7) schools licensed by boards authorized under Minnesota law to issue licenses
6.28except schools required to obtain a private career school license due to the use of
6.29"academy," "institute," "college," or "university" in their names;
6.30 (8) schools and educational programs, or training programs, contracted for by
6.31persons, firms, corporations, government agencies, or associations, for the training of their
6.32own employees, for which no fee is charged the employee;
6.33 (9) schools engaged exclusively in the teaching of purely avocational, recreational,
6.34or remedial subjects as determined by the office except schools required to obtain a private
6.35career school license due to the use of "academy," "institute," "college," or "university" in
7.1their names unless the school used "academy" or "institute" in its name prior to August
7.21, 2008;
7.3 (10) classes, courses, or programs conducted by a bona fide trade, professional, or
7.4fraternal organization, solely for that organization's membership;
7.5 (11) programs in the fine arts provided by organizations exempt from taxation
7.6under section290.05 and registered with the attorney general under chapter 309. For
7.7the purposes of this clause, "fine arts" means activities resulting in artistic creation or
7.8artistic performance of works of the imagination which are engaged in for the primary
7.9purpose of creative expression rather than commercial sale or employment. In making
7.10this determination the office may seek the advice and recommendation of the Minnesota
7.11Board of the Arts;
7.12 (12) classes, courses, or programs intended to fulfill the continuing education
7.13requirements for licensure or certification in a profession, that have been approved by
7.14a legislatively or judicially established board or agency responsible for regulating the
7.15practice of the profession, and that are offered exclusively to an individual practicing
7.16the profession;
7.17 (13) classes, courses, or programs intended to prepare students to sit for
7.18undergraduate, graduate, postgraduate, or occupational licensing and occupational
7.19entrance examinations;
7.20 (14) classes, courses, or programs providing 16 or fewer clock hours of instruction
7.21that are not part of the curriculum for an occupation or entry level employment except
7.22schools required to obtain a private career school license due to the use of "academy,"
7.23"institute," "college," or "university" in their names;
7.24 (15) classes, courses, or programs providing instruction in personal development,
7.25modeling, or acting;
7.26 (16) training or instructional programs, in which one instructor teaches an individual
7.27student, that are not part of the curriculum for an occupation or are not intended to prepare
7.28a person for entry level employment; and
7.29 (17) schools with no physical presence in Minnesota, as determined by the office,
7.30engaged exclusively in offering distance instruction that are located in and regulated
7.31by other states or jurisdictions.
7.32EFFECTIVE DATE.This section is effective retroactively from August 1, 2008.
7.33 Sec. 12. Minnesota Statutes 2010, section 299A.45, subdivision 1, is amended to read:
7.34 Subdivision 1. Eligibility. A person is eligible to receive educational benefits under
7.35this section if the person:
8.1 (1) is certified under section299A.44 and in compliance with this section and rules
8.2of the commissioner of public safety and the Minnesota Office of Higher Education;
8.3 (2) is enrolled in an undergraduate degree or certificate program after June 30, 1990,
8.4or a graduate degree or certificate program after June 30, 2011, at an eligible Minnesota
8.5institution as provided in section136A.101, subdivision 4 ;
8.6 (3) has not receiveda baccalaureate degree or been enrolled full time for nine
8.7semesters or the equivalent, except that a student who withdraws from enrollment for
8.8active military service is entitled to an additional semester or the equivalent of eligibility
8.9benefits for the maximum duration specified in subdivision 4; and
8.10 (4) is related in one of the following ways to a public safety officer killed in the
8.11line of duty on or after January 1, 1973:
8.12 (i) as a dependent child less than 23 years of age;
8.13 (ii) as a surviving spouse; or
8.14 (iii) as a dependent child less than 30 years of age who has served on active military
8.15duty 181 consecutive days or more and has been honorably discharged or released to the
8.16dependent child's reserve or National Guard unit.
8.17EFFECTIVE DATE.This section is effective retroactively from July 1, 2011.
8.18 Sec. 13. Minnesota Statutes 2010, section 299A.45, subdivision 2, is amended to read:
8.19 Subd. 2. Award amount. (a) The amount of the award is the lesser of:
8.20(1) the average tuition and fees charged by the institution; or
8.21(2) the tuition maximums established by law for the state grant program under
8.22section136A.121 . The tuition maximum for graduate study is the maximum established
8.23by law for the state grant program for four-year programs.
8.24(b) An award under this subdivision must not affect a recipient's eligibility for a
8.25state grant under section136A.121 .
8.26(c) For the purposes of this subdivision, "fees" include only those fees that are
8.27mandatory and charged to all students attending the institution.
8.28(d) For the purpose of benefits awarded under this section, "full time" for a graduate
8.29program is eight or more credits per term or the equivalent.
8.30EFFECTIVE DATE.This section is effective retroactively from July 1, 2011.
8.31 Sec. 14. Minnesota Statutes 2010, section 340A.404, subdivision 4a, is amended to
8.32read:
9.1 Subd. 4a. Publicly owned recreation; entertainment facilities. (a)
9.2Notwithstanding any other law, local ordinance, or charter provision, the commissioner
9.3may issue on-sale intoxicating liquor licenses:
9.4 (1) to the state agency administratively responsible for, or to an entity holding a
9.5concession or facility management contract with such agency for beverage sales at, the
9.6premises of any Giants Ridge Recreation Area building or recreational improvement area
9.7owned by the state in the city of Biwabik, St. Louis County;
9.8 (2) to the state agency administratively responsible for, or to an entity holding a
9.9concession or facility management contract with such agency for beverage sales at, the
9.10premises of any Ironworld Discovery Center building or facility owned by the state at
9.11Chisholm;
9.12 (3) to the Board of Regents of the University of Minnesota for events at Northrop
9.13Auditorium, the intercollegiate football stadium,or including any games played by the
9.14Minnesota Vikings at the stadium, and at no more than seven other locations within the
9.15boundaries of the University of Minnesota, provided that the Board of Regents has
9.16approved an application for a license for the specified location and provided that a license
9.17foran arena or an intercollegiate football stadium location is void unless it requires the
9.18sale or service of intoxicating liquor in a public portion consisting of at least one-third of
9.19the general seating of a stadium or arena meets the conditions of paragraph (b). It is solely
9.20within the discretion of the Board of Regents to choose the manner in which to carry out
9.21this condition these conditions consistent with the requirements of paragraph (b); and
9.22(4) to the Duluth Entertainment and Convention Center Authority for beverage
9.23sales on the premises of the Duluth Entertainment and Convention Center Arena during
9.24intercollegiate hockey games.
9.25 The commissioner shall charge a fee for licenses issued under this subdivision in an
9.26amount comparable to the fee for comparable licenses issued in surrounding cities.
9.27 (b) No alcoholic beverage may be sold or served at TCF Bank Stadium unless the
9.28Board of Regents holds an on-sale intoxicating liquor license for the stadium as provided
9.29in paragraph (a), clause (3), that provides for the sale of intoxicating liquor at a location in
9.30the stadium that is convenient to the general public attending an intercollegiate football
9.31game at the stadium. On-sale liquor sales to the general public must be available at that
9.32location through half-time of an intercollegiate football game at TCF Bank Stadium.
9.33 Sec. 15. EXPIRATION.
9.34The changes in section 14 to Minnesota Statutes, section 340A.404, subdivision
9.354a, expire July 1, 2014.
10.1 Sec. 16. UNIVERSITY OF MINNESOTA APPROPRIATION TRANSFER TO
10.2HENNEPIN COUNTY MEDICAL CENTER.
10.3The regents of the University of Minnesota must transfer $645,000 in fiscal year
10.42012 and $645,000 in fiscal year 2013 from the appropriations made to it for operations
10.5and maintenance in Laws 2011, First Special Session chapter 5, article 1, section 5, to the
10.6Hennepin County Medical Center for graduate family medicine education programs at
10.7Hennepin County Medical Center.
10.8EFFECTIVE DATE.This section is effective the day following final enactment.
10.9 Sec. 17. MINNESOTA STATE COLLEGES AND UNIVERSITIES TEXTBOOK
10.10WORK GROUP.
10.11The Board of Trustees of the Minnesota State Colleges and Universities shall
10.12establish a work group to study methods that result in lower textbook costs for
10.13students. Methods include studying alternative textbook delivery methods, including a
10.14cross-campus shared delivery system for textbooks, the expansion of electronic textbooks
10.15with an assessment of effective methods for delivering e-books to students, and other
10.16technology-based innovative or best practices methods to bring real cost savings to
10.17students. The goal of this work group is to help assess current practices, present a stable
10.18of business strategies, technologies, and campus deployment plans that are effective in
10.19driving down the cost of learning resources for students while offering greater access to
10.20no- or low-cost academic content for faculty.
10.21 Sec. 18. TEACHER PERFORMANCE ASSESSMENT STUDENT FEE.
10.22Notwithstanding any law or rule to the contrary, a student in a teacher preparation
10.23program at a Minnesota state university must not be charged a fee by the Minnesota
10.24Board of Teaching, the Minnesota State Colleges and Universities, or a state university for
10.25taking or scoring an assessment test intended to evaluate teacher preparation programs.
10.26A Minnesota State College and University student must not be charged a fee for the
10.27teacher performance assessment or another assessment test given to students to fulfill the
10.28requirement to assure the effectiveness of teacher preparation programs under Minnesota
10.29Statutes, section 122A.09, subdivision 4, paragraph (d).
10.30EFFECTIVE DATE.This section is effective the day following final enactment.
1.3of Trustees of the Minnesota State Colleges and Universities; providing an
1.4exemption from state regulation of certain schools; requiring disclosure of
1.5certain course material and course information; establishing a MnSCU textbook
1.6task force; requiring an expanded waiver for mandatory health care coverage;
1.7authorizing a safety officer survivor education benefit for graduate study;
1.8modifying definition of contingent account owner for purposes of the college
1.9savings plan; directing a portion of the permanent university fund for a mining
1.10engineering program; modifying membership of the Student Advisory Council;
1.11modifying definition of student for purposes of the statement of immunization;
1.12modifying liquor license requirements for intercollegiate stadium operated by
1.13the University of Minnesota; providing funding for Hennepin County Medical
1.14Center graduate family medicine education programs; prohibiting fees related
1.15to the teacher performance assessment test;amending Minnesota Statutes 2010,
1.16sections 135A.14, subdivision 1; 135A.25, subdivision 5; 136A.031, subdivision
1.173; 136F.58, subdivision 3, by adding a subdivision; 136F.71, subdivision 3;
1.18136F.98, subdivision 1; 136G.03, subdivision 7; 137.022, subdivision 4; 141.35;
1.19299A.45, subdivisions 1, 2; 340A.404, subdivision 4a; proposing coding for new
1.20law in Minnesota Statutes, chapter 135A.
1.21BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.22 Section 1. [135A.044] STUDENT HEALTH CARE.
1.23A governing board of a Minnesota public postsecondary system that requires health
1.24benefit plan coverage for students must offer options for health plan coverage. The
1.25options must include an option to waive the requirement to purchase a plan selected by
1.26the institution and must include consideration for the fiscal impact of health plans on the
1.27student or the student's family. At a minimum, the waiver option must allow students to
1.28purchase health care plans from employer group coverage, private insurers, association
1.29group coverage, health sharing organizations, and MinnesotaCare.
2.1 Sec. 2. Minnesota Statutes 2010, section 135A.14, subdivision 1, is amended to read:
2.2 Subdivision 1. Definitions. As used in this section, the following terms have the
2.3meanings given them.
2.4(a) "Administrator" means the administrator of the institution or other person with
2.5general control and supervision of the institution.
2.6(b) "Public or private postsecondary educational institution" or "institution" means
2.7any of the following institutions having an enrollment of more than 100 persons during
2.8any quarter, term, or semester during the preceding year: (1) the University of Minnesota;
2.9(2) the state universities; (3) the state community colleges; (4) public technical colleges;
2.10(5) private four-year, professional and graduate institutions; (6) private two-year colleges;
2.11and (7) schools subject to either chapter 141, sections
2.12exempt under section
2.13for an academic year greater than six consecutive months. An institution's report to the
2.14Minnesota Office of Higher Education or the Minnesota Department of Education may be
2.15considered when determining enrollment.
2.16(c) "Student" means a person born after 1956 who did not graduate from a Minnesota
2.17high school in 1997 or later, and who is (1) registering for more than one class during
2.18a full academic term, such as a quarter or a semester or (2) housed on campus and is
2.19registering for one or more classes. Student does not include persons who are only
2.20enrolled in extension classes
2.21evening or weekend adult accelerated programs.
2.22 Sec. 3. Minnesota Statutes 2010, section 135A.25, subdivision 5, is amended to read:
2.23 Subd. 5. Bookstores; course materials. The University of Minnesota and private
2.24colleges are encouraged to comply with the requirements
2.25under section
2.26 Sec. 4. Minnesota Statutes 2010, section 136A.031, subdivision 3, is amended to read:
2.27 Subd. 3. Student Advisory Council. (a) A Student Advisory Council (SAC) to
2.28the Minnesota Office of Higher Education is established. The members of SAC shall
2.29include, but not be limited to: the chair of the University of Minnesota student senate;
2.30the state chair of the Minnesota State University Student Association; the president of
2.31the Minnesota State College Student Association and an officer of the Minnesota State
2.32College Student Association, one in a community college course of study and one in a
2.33technical college course of study; the president of the Minnesota Association of Private
2.34College Students;
3.1appointed by the Minnesota Career College Association; and the chair of the Minnesota
3.2Student Legislative Coalition. A member may be represented by a student designee who
3.3attends an institution from the same system that the absent member represents. The SAC
3.4shall select one of its members to serve as chair.
3.5(b) The Minnesota Office of Higher Education shall inform the SAC of all matters
3.6related to student issues under consideration. The SAC shall report to the Minnesota
3.7Office of Higher Education quarterly and at other times that the SAC considers desirable.
3.8The SAC shall determine its meeting times, but it shall also meet with the office within 30
3.9days after the director's request for a meeting.
3.10(c) The SAC shall:
3.11(1) bring to the attention of the Minnesota Office of Higher Education any matter
3.12that the SAC believes needs the attention of the office;
3.13(2) make recommendations to the Minnesota Office of Higher Education as it finds
3.14appropriate; and
3.15(3) approve student appointments by the Minnesota Office of Higher Education for
3.16each advisory group as provided in subdivision 4.
3.17 Sec. 5. Minnesota Statutes 2010, section 136F.58, is amended by adding a subdivision
3.18to read:
3.19 Subd. 2a. Course schedule and material list. (a) Each state college and university
3.20shall compile a course schedule indicating each course offered by the state college or
3.21university for each term and shall include with the course schedule a list of the required
3.22and recommended course materials that specifies, to the extent practicable, the information
3.23required in subdivision 3, paragraph (c).
3.24(b) At the time required by subdivision 3, paragraph (c), a state college or university
3.25shall publish course schedules and course material lists on the state college's or university's
3.26Web site.
3.27 Sec. 6. Minnesota Statutes 2010, section 136F.58, subdivision 3, is amended to read:
3.28 Subd. 3. Notice to purchase. (a) An instructor or department shall
3.29
3.30material at least
3.31(b) An instructor or department requiring a new printed textbook edition must notify
3.32the bookstore and students, as required in paragraph (a), if a previous edition of the
3.33textbook is acceptable as a substitute textbook for the course. The course syllabus must
3.34include details provided by the publisher of changes between editions of the textbook.
4.1
4.2following information concerning the required and recommended course material at
4.3least
4.4is required including, but not limited to:
4.5 (1) the title, edition, author, and International Standard Book Number (ISBN) of
4.6the course material;
4.7 (2) the retail price charged in the college or university bookstore for the course
4.8material, including custom textbooks;
4.9 (3)
4.10
4.11the publisher of the course material, except an international textbook purchased directly
4.12from a distributor where no publisher information is readily available;
4.13 (4) whether the material is available in an alternative format and the cost for the
4.14alternatively formatted material
4.15(5) the most recent copyright date of the printed course material and the copyright
4.16date of the most recent prior edition of the course material, if any.
4.17(d) For purposes of this subdivision, "custom textbooks" means course materials
4.18that are compiled by a publisher at the direction of a faculty member or, if applicable,
4.19the other adopting entity in charge of selecting course materials for courses taught at a
4.20state college or university. Custom textbooks may include items such as selections from
4.21original instructor materials, previously copyrighted publisher materials, copyrighted
4.22third-party works, or elements unique to a specific state college or university.
4.23 Sec. 7. Minnesota Statutes 2010, section 136F.71, subdivision 3, is amended to read:
4.24 Subd. 3. Interest income.
4.25general fund dedicated receipts of the board is appropriated to the board. The board shall
4.26allocate the income proportionately among the colleges and universities. The board shall
4.27report this income separately in its biennial budget requests.
4.28EFFECTIVE DATE.This section is effective July 1, 2012.
4.29 Sec. 8. Minnesota Statutes 2010, section 136F.98, subdivision 1, is amended to read:
4.30 Subdivision 1. Issuance of bonds. The Board of Trustees of the Minnesota State
4.31Colleges and Universities or a successor may issue revenue bonds under sections
4.33$405,000,000, and payable from the revenue appropriated to the fund established by
4.34section
5.1may otherwise become available to acquire land, and to acquire, construct, complete,
5.2remodel, and equip structures or portions thereof to be used for dormitory, residence hall,
5.3student union, food service, parking purposes, or for any other similar revenue-producing
5.4building or buildings of such type and character as the board finds desirable for the good
5.5and benefit of the state colleges and universities. Before issuing the bonds or any part
5.6of them, the board shall consult with and obtain the advisory recommendations of the
5.7chairs of the house of representatives Ways and Means Committee and the senate Finance
5.8Committee about the facilities to be financed by the bonds.
5.9 Sec. 9. Minnesota Statutes 2010, section 136G.03, subdivision 7, is amended to read:
5.10 Subd. 7. Contingent account owner. "Contingent account owner" means the
5.11
5.12pursuant to a separate Minnesota college savings plan form, in the event of the death of
5.13the account owner.
5.14 Sec. 10. Minnesota Statutes 2010, section 137.022, subdivision 4, is amended to read:
5.15 Subd. 4. Mineral research; scholarships. (a) All income credited after July 1,
5.161992, to the permanent university fund from royalties for mining under state mineral
5.17leases from and after July 1, 1991, must be allocated as provided in this subdivision.
5.18(b)(1)
5.19according to this paragraph. One-half of the income under this paragraph, up to
5.20$50,000,000, must be credited to the mineral research account of the fund to be allocated
5.21for the Natural Resources Research Institute-Duluth and Coleraine facilities, for mineral
5.22and mineral-related research including mineral-related environmental research
5.23other one-half of the income under this paragraph, up to $25,000,000, is credited to an
5.24endowment for the costs of operating a mining, metallurgical, or related engineering
5.25degree program offered through the University of Minnesota at Mesabi Range Community
5.26and Technical College and for scholarships for students to attend the mining, metallurgical,
5.27or related engineering program.
5.28(2) The remainder of the income under paragraph (a) and the amount of any income
5.29over the $25,000,000 for the engineering program under clause (1) must be credited
5.30to the endowed scholarship account of the fund for distribution annually for scholastic
5.31achievement as provided by the Board of Regents to undergraduates enrolled at the
5.32University of Minnesota who are resident students as defined in section
5.33subdivision 8
6.1(c) The annual distribution from the endowed scholarship account must be allocated
6.2to the various campuses of the University of Minnesota in proportion to the number of
6.3undergraduate resident students enrolled on each campus.
6.4(d) The Board of Regents must report to the education committees of the legislature
6.5biennially at the time of the submission of its budget request on the disbursement of money
6.6from the endowed scholarship account and to the environment and natural resources
6.7committees on the use of the mineral research account.
6.8(e) Capital gains and losses and portfolio income of the permanent university fund
6.9must be credited to its three accounts in proportion to the market value of each account.
6.10(f) The endowment support from the income and capital gains of the endowed
6.11mineral research and endowed scholarship accounts of the fund must not total more than
6.12six percent per year of the 36-month trailing average market value of the account from
6.13which the support is derived.
6.14 Sec. 11. Minnesota Statutes 2010, section 141.35, is amended to read:
6.15141.35 EXEMPTIONS.
6.16 Sections
6.17 (1) public postsecondary institutions;
6.18 (2) postsecondary institutions registered under sections
6.19 (3) schools of nursing accredited by the state Board of Nursing or an equivalent
6.20public board of another state or foreign country;
6.21 (4) private schools complying with the requirements of section
6.224
6.23 (5) courses taught to students in a valid apprenticeship program taught by or
6.24required by a trade union;
6.25 (6) schools exclusively engaged in training physically or mentally disabled persons
6.26for the state of Minnesota;
6.27 (7) schools licensed by boards authorized under Minnesota law to issue licenses
6.28except schools required to obtain a private career school license due to the use of
6.29"academy," "institute," "college," or "university" in their names;
6.30 (8) schools and educational programs, or training programs, contracted for by
6.31persons, firms, corporations, government agencies, or associations, for the training of their
6.32own employees, for which no fee is charged the employee;
6.33 (9) schools engaged exclusively in the teaching of purely avocational, recreational,
6.34or remedial subjects as determined by the office except schools required to obtain a private
6.35career school license due to the use of "academy," "institute," "college," or "university" in
7.1their names unless the school used "academy" or "institute" in its name prior to August
7.21, 2008;
7.3 (10) classes, courses, or programs conducted by a bona fide trade, professional, or
7.4fraternal organization, solely for that organization's membership;
7.5 (11) programs in the fine arts provided by organizations exempt from taxation
7.6under section
7.7the purposes of this clause, "fine arts" means activities resulting in artistic creation or
7.8artistic performance of works of the imagination which are engaged in for the primary
7.9purpose of creative expression rather than commercial sale or employment. In making
7.10this determination the office may seek the advice and recommendation of the Minnesota
7.11Board of the Arts;
7.12 (12) classes, courses, or programs intended to fulfill the continuing education
7.13requirements for licensure or certification in a profession, that have been approved by
7.14a legislatively or judicially established board or agency responsible for regulating the
7.15practice of the profession, and that are offered exclusively to an individual practicing
7.16the profession;
7.17 (13) classes, courses, or programs intended to prepare students to sit for
7.18undergraduate, graduate, postgraduate, or occupational licensing and occupational
7.19entrance examinations;
7.20 (14) classes, courses, or programs providing 16 or fewer clock hours of instruction
7.21that are not part of the curriculum for an occupation or entry level employment except
7.22schools required to obtain a private career school license due to the use of "academy,"
7.23"institute," "college," or "university" in their names;
7.24 (15) classes, courses, or programs providing instruction in personal development,
7.25modeling, or acting;
7.26 (16) training or instructional programs, in which one instructor teaches an individual
7.27student, that are not part of the curriculum for an occupation or are not intended to prepare
7.28a person for entry level employment; and
7.29 (17) schools with no physical presence in Minnesota, as determined by the office,
7.30engaged exclusively in offering distance instruction that are located in and regulated
7.31by other states or jurisdictions.
7.32EFFECTIVE DATE.This section is effective retroactively from August 1, 2008.
7.33 Sec. 12. Minnesota Statutes 2010, section 299A.45, subdivision 1, is amended to read:
7.34 Subdivision 1. Eligibility. A person is eligible to receive educational benefits under
7.35this section if the person:
8.1 (1) is certified under section
8.2of the commissioner of public safety and the Minnesota Office of Higher Education;
8.3 (2) is enrolled in an undergraduate degree or certificate program after June 30, 1990,
8.4or a graduate degree or certificate program after June 30, 2011, at an eligible Minnesota
8.5institution as provided in section
8.6 (3) has not received
8.7
8.8
8.9benefits for the maximum duration specified in subdivision 4; and
8.10 (4) is related in one of the following ways to a public safety officer killed in the
8.11line of duty on or after January 1, 1973:
8.12 (i) as a dependent child less than 23 years of age;
8.13 (ii) as a surviving spouse; or
8.14 (iii) as a dependent child less than 30 years of age who has served on active military
8.15duty 181 consecutive days or more and has been honorably discharged or released to the
8.16dependent child's reserve or National Guard unit.
8.17EFFECTIVE DATE.This section is effective retroactively from July 1, 2011.
8.18 Sec. 13. Minnesota Statutes 2010, section 299A.45, subdivision 2, is amended to read:
8.19 Subd. 2. Award amount. (a) The amount of the award is the lesser of:
8.20(1) the average tuition and fees charged by the institution; or
8.21(2) the tuition maximums established by law for the state grant program under
8.22section
8.23by law for the state grant program for four-year programs.
8.24(b) An award under this subdivision must not affect a recipient's eligibility for a
8.25state grant under section
8.26(c) For the purposes of this subdivision, "fees" include only those fees that are
8.27mandatory and charged to all students attending the institution.
8.28(d) For the purpose of benefits awarded under this section, "full time" for a graduate
8.29program is eight or more credits per term or the equivalent.
8.30EFFECTIVE DATE.This section is effective retroactively from July 1, 2011.
8.31 Sec. 14. Minnesota Statutes 2010, section 340A.404, subdivision 4a, is amended to
8.32read:
9.1 Subd. 4a. Publicly owned recreation; entertainment facilities. (a)
9.2Notwithstanding any other law, local ordinance, or charter provision, the commissioner
9.3may issue on-sale intoxicating liquor licenses:
9.4 (1) to the state agency administratively responsible for, or to an entity holding a
9.5concession or facility management contract with such agency for beverage sales at, the
9.6premises of any Giants Ridge Recreation Area building or recreational improvement area
9.7owned by the state in the city of Biwabik, St. Louis County;
9.8 (2) to the state agency administratively responsible for, or to an entity holding a
9.9concession or facility management contract with such agency for beverage sales at, the
9.10premises of any Ironworld Discovery Center building or facility owned by the state at
9.11Chisholm;
9.12 (3) to the Board of Regents of the University of Minnesota for events at Northrop
9.13Auditorium, the intercollegiate football stadium,
9.14Minnesota Vikings at the stadium, and at no more than seven other locations within the
9.15boundaries of the University of Minnesota, provided that the Board of Regents has
9.16approved an application for a license for the specified location and provided that a license
9.17for
9.18
9.19
9.20within the discretion of the Board of Regents to choose the manner in which to carry out
9.21
9.22(4) to the Duluth Entertainment and Convention Center Authority for beverage
9.23sales on the premises of the Duluth Entertainment and Convention Center Arena during
9.24intercollegiate hockey games.
9.25 The commissioner shall charge a fee for licenses issued under this subdivision in an
9.26amount comparable to the fee for comparable licenses issued in surrounding cities.
9.27 (b) No alcoholic beverage may be sold or served at TCF Bank Stadium unless the
9.28Board of Regents holds an on-sale intoxicating liquor license for the stadium as provided
9.29in paragraph (a), clause (3), that provides for the sale of intoxicating liquor at a location in
9.30the stadium that is convenient to the general public attending an intercollegiate football
9.31game at the stadium. On-sale liquor sales to the general public must be available at that
9.32location through half-time of an intercollegiate football game at TCF Bank Stadium.
9.33 Sec. 15. EXPIRATION.
9.34The changes in section 14 to Minnesota Statutes, section 340A.404, subdivision
9.354a, expire July 1, 2014.
10.1 Sec. 16. UNIVERSITY OF MINNESOTA APPROPRIATION TRANSFER TO
10.2HENNEPIN COUNTY MEDICAL CENTER.
10.3The regents of the University of Minnesota must transfer $645,000 in fiscal year
10.42012 and $645,000 in fiscal year 2013 from the appropriations made to it for operations
10.5and maintenance in Laws 2011, First Special Session chapter 5, article 1, section 5, to the
10.6Hennepin County Medical Center for graduate family medicine education programs at
10.7Hennepin County Medical Center.
10.8EFFECTIVE DATE.This section is effective the day following final enactment.
10.9 Sec. 17. MINNESOTA STATE COLLEGES AND UNIVERSITIES TEXTBOOK
10.10WORK GROUP.
10.11The Board of Trustees of the Minnesota State Colleges and Universities shall
10.12establish a work group to study methods that result in lower textbook costs for
10.13students. Methods include studying alternative textbook delivery methods, including a
10.14cross-campus shared delivery system for textbooks, the expansion of electronic textbooks
10.15with an assessment of effective methods for delivering e-books to students, and other
10.16technology-based innovative or best practices methods to bring real cost savings to
10.17students. The goal of this work group is to help assess current practices, present a stable
10.18of business strategies, technologies, and campus deployment plans that are effective in
10.19driving down the cost of learning resources for students while offering greater access to
10.20no- or low-cost academic content for faculty.
10.21 Sec. 18. TEACHER PERFORMANCE ASSESSMENT STUDENT FEE.
10.22Notwithstanding any law or rule to the contrary, a student in a teacher preparation
10.23program at a Minnesota state university must not be charged a fee by the Minnesota
10.24Board of Teaching, the Minnesota State Colleges and Universities, or a state university for
10.25taking or scoring an assessment test intended to evaluate teacher preparation programs.
10.26A Minnesota State College and University student must not be charged a fee for the
10.27teacher performance assessment or another assessment test given to students to fulfill the
10.28requirement to assure the effectiveness of teacher preparation programs under Minnesota
10.29Statutes, section 122A.09, subdivision 4, paragraph (d).
10.30EFFECTIVE DATE.This section is effective the day following final enactment.
