The House of Representatives convened at 2:30 p.m. and was called to order by Joe Opatz, Speaker pro tempore.
Prayer was offered by the Reverend Thomas W. Forster-Smith, Central Presbyterian Church, St. Paul, Minnesota.
The roll was called and the following members were present:
| Abrams | Evans | Kelso | McCollum | Peterson | Tingelstad |
| Anderson, B. | Farrell | Kielkucki | McElroy | Pugh | Tomassoni |
| Anderson, I. | Finseth | Kinkel | McGuire | Rest | Tompkins |
| Bakk | Folliard | Knight | Milbert | Reuter | Trimble |
| Bettermann | Garcia | Knoblach | Molnau | Rhodes | Tuma |
| Biernat | Goodno | Koppendrayer | Mulder | Rifenberg | Tunheim |
| Bishop | Greenfield | Koskinen | Mullery | Rostberg | Van Dellen |
| Boudreau | Greiling | Kraus | Munger | Rukavina | Vickerman |
| Bradley | Gunther | Krinkie | Murphy | Schumacher | Wagenius |
| Broecker | Haas | Kubly | Ness | Seagren | Weaver |
| Carlson | Harder | Kuisle | Nornes | Seifert | Wejcman |
| Chaudhary | Hasskamp | Larsen | Olson, E. | Sekhon | Wenzel |
| Clark | Hausman | Leighton | Olson, M. | Skare | Westfall |
| Commers | Hilty | Leppik | Opatz | Skoglund | Westrom |
| Daggett | Holsten | Lieder | Orfield | Slawik | Winter |
| Davids | Huntley | Lindner | Osskopp | Smith | Wolf |
| Dawkins | Jaros | Long | Osthoff | Solberg | Workman |
| Dehler | Jefferson | Luther | Otremba | Stanek | Spk. Carruthers |
| Delmont | Jennings | Macklin | Ozment | Stang | |
| Dempsey | Johnson, A. | Mahon | Paulsen | Sviggum | |
| Dorn | Johnson, R. | Mares | Pawlenty | Swenson, D. | |
| Entenza | Juhnke | Mariani | Paymar | Swenson, H. | |
| Erhardt | Kalis | Marko | Pelowski | Sykora | |
A quorum was present.
Kahn was excused.
The Chief Clerk proceeded to read the Journal of the preceding day. Seifert moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.
S. F. No. 36 and H. F. No. 469, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Otremba moved that the rules be so far suspended that S. F. No. 36 be substituted for H. F. No. 469 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 122 and H. F. No. 58, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
McElroy moved that the rules be so far suspended that S. F. No. 122 be substituted for H. F. No. 58 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 154 and H. F. No. 176, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
Vickerman moved that S. F. No. 154 be substituted for H. F. No. 176 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 277 and H. F. No. 524, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Tunheim moved that the rules be so far suspended that S. F. No. 277 be substituted for H. F. No. 524 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 329 and H. F. No. 1381, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Juhnke moved that the rules be so far suspended that S. F. No. 329 be substituted for H. F. No. 1381 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 330 and H. F. No. 1207, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Paymar moved that the rules be so far suspended that S. F. No. 330 be substituted for H. F. No. 1207 and that the House
File be indefinitely postponed. The motion prevailed.
S. F. No. 399 and H. F. No. 745, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical.
Wejcman moved that S. F. No. 399 be substituted for H. F. No. 745 and that the House File be indefinitely postponed.
The motion prevailed.
S. F. No. 475 and H. F. No. 768, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Westrom moved that the rules be so far suspended that S. F. No. 475 be substituted for H. F. No. 768 and that the House
File be indefinitely postponed. The motion prevailed.
S. F. No. 525 and H. F. No. 713, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Koskinen moved that the rules be so far suspended that S. F. No. 525 be substituted for H. F. No. 713 and that the House
File be indefinitely postponed. The motion prevailed.
S. F. No. 526 and H. F. No. 1924, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Juhnke moved that the rules be so far suspended that S. F. No. 526 be substituted for H. F. No. 1924 and that the House
File be indefinitely postponed. The motion prevailed.
S. F. No. 539 and H. F. No. 385, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Swenson, H., moved that the rules be so far suspended that S. F. No. 539 be substituted for H. F. No. 385 and that the
House File be indefinitely postponed. The motion prevailed.
S. F. No. 555 and H. F. No. 854, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Clark moved that the rules be so far suspended that S. F. No. 555 be substituted for H. F. No. 854 and that the House File
be indefinitely postponed. The motion prevailed.
S. F. No. 612 and H. F. No. 658, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Marko moved that the rules be so far suspended that S. F. No. 612 be substituted for H. F. No. 658 and that the House
File be indefinitely postponed. The motion prevailed.
S. F. No. 652 and H. F. No. 750, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Bradley moved that the rules be so far suspended that S. F. No. 652 be substituted for H. F. No. 750 and that the House
File be indefinitely postponed. The motion prevailed.
S. F. No. 755 and H. F. No. 829, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Solberg moved that the rules be so far suspended that S. F. No. 755 be substituted for H. F. No. 829 and that the House
File be indefinitely postponed. The motion prevailed.
S. F. No. 762 and H. F. No. 1768, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Anderson, I., moved that the rules be so far suspended that S. F. No. 762 be substituted for H. F. No. 1768 and that the
House File be indefinitely postponed. The motion prevailed.
S. F. No. 848 and H. F. No. 642, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical.
Skoglund moved that S. F. No. 848 be substituted for H. F. No. 642 and that the House File be indefinitely postponed.
The motion prevailed.
S. F. No. 868 and H. F. No. 970, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Wejcman moved that the rules be so far suspended that S. F. No. 868 be substituted for H. F. No. 970 and that the House
File be indefinitely postponed. The motion prevailed.
S. F. No. 877 and H. F. No. 1076, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
McGuire moved that the rules be so far suspended that S. F. No. 877 be substituted for H. F. No. 1076 and that the House
File be indefinitely postponed. The motion prevailed.
S. F. No. 1094 and H. F. No. 1183, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical.
Pugh moved that S. F. No. 1094 be substituted for H. F. No. 1183 and that the House File be indefinitely postponed. The
motion prevailed.
S. F. No. 1146 and H. F. No. 1379, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical.
Huntley moved that S. F. No. 1146 be substituted for H. F. No. 1379 and that the House File be indefinitely postponed.
The motion prevailed.
S. F. No. 1155 and H. F. No. 1356, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical.
Slawik moved that S. F. No. 1155 be substituted for H. F. No. 1356 and that the House File be indefinitely postponed.
The motion prevailed.
S. F. No. 1527 and H. F. No. 1005, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Tomassoni moved that the rules be so far suspended that S. F. No. 1527 be substituted for H. F. No. 1005 and that the
House File be indefinitely postponed. The motion prevailed.
S. F. No. 1646 and H. F. No. 1879, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Trimble moved that the rules be so far suspended that S. F. No. 1646 be substituted for H. F. No. 1879 and that the House
File be indefinitely postponed. The motion prevailed.
S. F. No. 1715 and H. F. No. 1605, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Davids moved that the rules be so far suspended that S. F. No. 1715 be substituted for H. F. No. 1605 and that the House
File be indefinitely postponed. The motion prevailed.
Osthoff from the Committee on Environment, Natural Resources and Agriculture Finance to which was referred:
H. F. No. 113, A bill for an act proposing an amendment to the Minnesota Constitution, article XI, section 14; extending
until the year 2050 the period during which at least 40 percent of the net proceeds from the state lottery must be credited to
the environment and natural resources trust fund.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [CONSTITUTIONAL AMENDMENT PROPOSED.]
An amendment to the Minnesota Constitution, article XI, section 14, is proposed to the people. If the amendment
is adopted, the section will read as follows:
Sec. 14. A permanent Minnesota environment and natural resources trust fund is established in the state treasury. The
principal of the environment and natural resources trust fund must be perpetual and inviolate forever, except appropriations
may be made from up to 25 percent of the annual revenues deposited in the fund
and development
Sec. 2. [SUBMISSION TO VOTERS.]
The proposed amendment must be submitted to the people at the 1998 general election. The question submitted
shall be:
"Shall the Minnesota Constitution be amended to extend until the year 2020 the period during which at least 40
percent of the net proceeds from the state lottery must be credited to the environment and natural resources trust fund?
Yes . . . . . . .
No . . . . . . ."
Election procedures shall be as provided by law."
Amend the title as follows:
Page 1, line 3, delete "2050" and insert "2020"
Page 1, line 6, before the period, insert "; modifying authority for appropriations from the fund"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and
Means.
The report was adopted.
Osthoff from the Committee on Environment, Natural Resources and Agriculture Finance to which was referred:
H. F. No. 311, A bill for an act relating to game and fish; permitting certain angling assistance without a license; amending
Minnesota Statutes 1996, section 97A.441, by adding a subdivision.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:
H. F. No. 443, A bill for an act relating to the Brooklyn Park economic development authority; authorizing the certification
of certain unpaid charges to the Hennepin county auditor with taxes against certain residential townhome and condominium
units for collection as other taxes.
Reported the same back with the following amendments:
Page 1, after line 8, insert:
"Subdivision 1. [SCOPE.] For the purpose of sections 2 and 3, the terms defined in this section have the
meanings given them. "
Renumber the subdivisions in sequence
Page 2, line 4, delete "from any"
Page 2, line 5, delete "source"
Page 2, line 15, delete "any expense" and insert "expenses"
Page 2, line 16, before the semicolon, insert "that are identified in the loan agreement between the authority and the
association"
Page 2, after line 25, insert:
"Sec. 3. [DISCLOSURE REQUIRED.]
For any common interest community located in the city of Brooklyn Park, the disclosure statement required under
Minnesota Statutes, section 515B.4-102, must include a description of the potential applicability and consequences of
section 2."
Page 2, line 26, delete "3" and insert "4"
Page 2, line 27, delete "and 2" and insert "to 3"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Taxes.
The report was adopted.
Kahn from the Committee on Governmental Operations to which was referred:
H. F. No. 694, A bill for an act relating to employment; making technical and administrative changes in the department of
employee relations; modifying provisions governing state employment; amending Minnesota Statutes 1996, sections 13.67;
15.059, subdivision 5; 15.53, subdivision 2; 43A.04, subdivision 1; 43A.07, subdivision 5; 43A.08, subdivision 1; 43A.15,
subdivision 3; 43A.27, subdivision 3; 43A.30, subdivisions 4 and 5; and 43A.38, subdivision 6; Laws 1995, chapter 248,
article 13, sections 2, subdivisions 2, 5, and 6; and 3, subdivisions 1 and 2; proposing coding for new law in Minnesota
Statutes, chapters 15; and 43A; repealing Minnesota Statutes 1996, section 43A.182; Laws 1995, chapter 248, article 10,
section 12.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1996, section 13.67, is amended to read:
13.67 [EMPLOYEE RELATIONS DATA.]
The following data collected, created, or maintained by the department of employee relations are classified as nonpublic
data pursuant to section 13.02, subdivision 9:
(a) The commissioner's plan prepared by the department, pursuant to section 3.855, which governs the compensation
and terms and conditions of employment for employees not covered by collective bargaining agreements until the plan
is submitted to the legislative commission on employee relations;
(b) Data pertaining to grievance or interest arbitration that has not been presented to the arbitrator or other party during
the arbitration process;
(c) Notes and preliminary drafts of reports prepared during personnel investigations and personnel management reviews
of state departments and agencies;
(d) The managerial plan prepared by the department pursuant to section 43A.18 that governs the compensation and terms
and conditions of employment for employees in managerial positions, as specified in section 43A.18, subdivision 3, until
the plan is submitted to the legislative commission on employee relations; and
(e) Claims experience and all related information received from carriers and claims administrators participating in either
the state group insurance plan, the Minnesota employee insurance program, the state workers' compensation
program, or the public employees insurance program as defined in chapter 43A, and survey information collected from
employees and employers participating in these plans and programs, except when the department determines that release
of the data will not be detrimental to the plan or program.
Sec. 2. [15.0594] [COMMISSIONER'S APPROVAL REQUIRED.]
No person may be employed or consultant retained by an entity created under section 15.0593 without written
approval of the commissioner of the department of employee relations.
Sec. 3. Minnesota Statutes 1996, section 15.53, subdivision 2, is amended to read:
Subd. 2. [PERIOD OF ASSIGNMENT.] The period of individual assignment or detail under an interchange program
shall not exceed 24 months, nor shall any person be assigned or detailed for more than 24 months during any 36-month
period, except when the assignment or detail is made to coincide with an unclassified appointment under section 15.06.
However, the head of an agency may extend the period of assignment for not more than two additional years. Details
relating to any matter covered in sections 15.51 to 15.57 may be the subject of an agreement between the sending and
receiving agencies. Elected officials shall not be assigned from a sending agency nor detailed to a receiving agency.
Sec. 4. Minnesota Statutes 1996, section 43A.04, subdivision 1, is amended to read:
Subdivision 1. [STATEWIDE LEADERSHIP.] (a) The commissioner is the chief personnel and labor relations manager
of the civil service in the executive branch.
Whenever any power or responsibility is given to the commissioner by any provision of Laws 1981, chapter 210, unless
otherwise expressly provided, the power or authority applies to all employees of agencies in the executive branch and to
employees in classified positions in the office of the legislative auditor, the Minnesota state retirement system, the public
employees retirement association, and the teacher's retirement association. Unless otherwise provided by law, the power
or authority does not apply to unclassified employees in the legislative and judicial branches.
(b) The commissioner shall operate an information system from which personnel data, as defined in section 13.43,
concerning employees and applicants for positions in the classified service can be retrieved.
The commissioner has access to all public and private personnel data kept by appointing authorities that will aid in the
discharge of the commissioner's duties.
(c) The commissioner may consider and investigate any matters concerned with the administration of provisions of Laws
1981, chapter 210, and may order any remedial actions consistent with law. The commissioner, at the request of an
agency, shall provide assistance in employee misconduct investigations. The commissioner shall have the right to assess
from the requesting agency, any costs incurred while assisting the agency in the employee misconduct investigation. Money
received by the commissioner under this paragraph is appropriated to the commissioner for purposes of this paragraph.
(d) The commissioner has sole authority to settle state employee workers' compensation claims.
(e) The commissioner may assess or establish and collect premiums from all state entities to cover the costs of
programs under sections 15.46 and 176.603.
Sec. 5. [43A.044] [HAZARD IDENTIFICATION AND ACCIDENT PREVENTION.]
(a) The commissioner of the department of employee relations must operate a program of occupational hazard
identification and accident prevention for state agencies and state employees, and shall provide the staff, equipment, and
facilities needed for the program. The program must be offered to all state agencies through the agency safety contact or
other designee; is consultative in nature; and must assist state agencies with the goal of providing a safe work environment,
safe work methods, and hazard identification.
(b) The commissioner must cooperate with the department of labor and industry, department of health, and department
of administration as well as other private and public community agencies to assist in the objective of hazard identification
and accident prevention.
Sec. 6. Minnesota Statutes 1996, section 43A.07, subdivision 5, is amended to read:
Subd. 5. [LEAVES TO ACCEPT UNCLASSIFIED APPOINTMENTS.] An employee
Sec. 7. Minnesota Statutes 1996, section 43A.08, subdivision 1, is amended to read:
Subdivision 1. [UNCLASSIFIED POSITIONS.] Unclassified positions are held by employees who are:
(1) chosen by election or appointed to fill an elective office;
(2) heads of agencies required by law to be appointed by the governor or other elective officers, and the executive
or administrative heads of departments, bureaus, divisions, and institutions specifically established by law in the
unclassified service;
(3) deputy and assistant agency heads and one confidential secretary in the agencies listed in subdivision 1a and in the
office of strategic and long-range planning;
(4) the confidential secretary to each of the elective officers of this state and, for the secretary of state, state auditor, and
state treasurer, an additional deputy, clerk, or employee;
(5) intermittent help employed by the commissioner of public safety to assist in the issuance of vehicle licenses;
(6) employees in the offices of the governor and of the lieutenant governor and one confidential employee for the governor
in the office of the adjutant general;
(7) employees of the Washington, D.C., office of the state of Minnesota;
(8) employees of the legislature and of legislative committees or commissions; provided that employees of the legislative
audit commission, except for the legislative auditor, the deputy legislative auditors, and their confidential secretaries, shall
be employees in the classified service;
(9) presidents, vice-presidents, deans, other managers and professionals in academic and academic support programs,
administrative or service faculty, teachers, research assistants, and student employees eligible under terms of the federal
economic opportunity act work study program in the school and resource center for the arts, state universities and community
colleges, and the board of trustees of the Minnesota state colleges and universities, but not the custodial, clerical, or
maintenance employees, or any professional or managerial employee performing duties in connection with the business
administration of these institutions;
(10) officers and enlisted persons in the national guard;
(11) attorneys, legal assistants, and three confidential employees appointed by the attorney general or employed with the
attorney general's authorization;
(12) judges and all employees of the judicial branch, referees, receivers, jurors, and notaries public, except referees and
adjusters employed by the department of labor and industry;
(13) members of the state patrol; provided that selection and appointment of state patrol troopers must be made in
accordance with applicable laws governing the classified service;
(14) chaplains employed by the state;
(15) examination monitors and intermittent training instructors employed by the departments of employee relations and
commerce and by professional examining boards and intermittent staff employed by the technical colleges for the
administration of practical skills tests and for the staging of instructional demonstrations;
(16) student workers;
(17) executive directors or executive secretaries appointed by and reporting to any policy-making board or commission
established by statute;
(18) employees unclassified pursuant to other statutory authority;
(19) intermittent help employed by the commissioner of agriculture to perform duties relating to pesticides, fertilizer, and
seed regulation;
(20) the administrators and the deputy administrators at the state academies for the deaf and the blind; and
(21) medical specialists and other physicians employed in the department of human services.
Sec. 8. Minnesota Statutes 1996, section 43A.17, subdivision 4, is amended to read:
Subd. 4. [MEDICAL SPECIALISTS.] The commissioner may without regard to subdivision 1 establish special
salary rates and plans of compensation designed to attract and retain exceptionally qualified doctors of medicine. These rates
and plans shall be included in the
Sec. 9. Minnesota Statutes 1996, section 43A.18, is amended by adding a subdivision to read:
Subd. 2a. [MEDICAL SPECIALIST PLAN.] Except as provided in section 43A.01, the compensation,
terms, and conditions of employment for all classified and unclassified medical specialists, who are not covered by a
collective bargaining agreement and not otherwise provided for in chapter 43A or other law, are governed solely by a plan
developed by the commissioner. The legislative coordinating commission shall review and approve or reject the plan under
section 3.855, subdivision 2. The plan need not be adopted in accordance with the rulemaking provisions of chapter 14.
Sec. 10. Minnesota Statutes 1996, section 43A.27, subdivision 3, is amended to read:
Subd. 3. [RETIRED EMPLOYEES.] A person may elect to purchase at personal expense individual and dependent
hospital, medical, and dental coverages if the person is:
(1) a retired employee of the state or an organization listed in subdivision 2 or section 43A.24, subdivision
2, who
(i) is immediately eligible to receive an annuity under a
(ii) has five years of service or meets the service requirement of the collective bargaining agreement or plan,
whichever is greater; or
(2) a retired employee of the state who is at least 50 years of age and has at least 15 years of state service
The commissioner shall offer at least one plan which is actuarially equivalent to those made available through
collective bargaining agreements or plans established pursuant to section 43A.18 to employees in positions equivalent to
that from which retired. A spouse of a deceased retired employee who received an annuity under a state retirement program
may purchase the coverage listed in this subdivision if the spouse was a dependent under the retired employee's coverage
at the time of the employee's death. Coverages must be coordinated with relevant health insurance benefits provided through
the federally sponsored Medicare program. Until the retired employee reaches age 65, the retired employee and dependents
must be pooled in the same group as active employees for purposes of establishing premiums and coverage for hospital,
medical, and dental insurance. Coverage for retired employees and their dependents may not discriminate on the basis of
evidence of insurability or preexisting conditions unless identical conditions are imposed on active employees in the group
that the employee left. Appointing authorities shall provide notice to employees no later than the effective date of their
retirement of the right to exercise the option provided in this subdivision. The retired employee must notify the
commissioner or designee of the commissioner within 30 days after the effective date of the retirement of intent to exercise
this option.
Sec. 11. Minnesota Statutes 1996, section 43A.30, subdivision 4, is amended to read:
Subd. 4. [EMPLOYEE INSURANCE TRUST FUND.] The commissioner of employee relations may direct that all or
a part of the amounts paid for life insurance, hospital, medical, and dental benefits, and optional coverages authorized for
eligible employees and other eligible persons be deposited by the state in an employee insurance trust fund in the state
treasury, from which the approved claims of eligibles are to be paid. Investment income and investment losses attributable
to the investment of the fund shall be credited to the fund. There is appropriated from the fund to the commissioner amounts
needed to pay the approved claims of eligibles, related service charges, insurance premiums, and refunds. The commissioner
shall not market or self-insure life insurance
Sec. 12. Minnesota Statutes 1996, section 43A.30, subdivision 5, is amended to read:
Subd. 5. [ADMINISTRATION.] The commissioner of employee relations may administer the employee insurance
program. The commissioner may assess agencies, and employers of persons eligible for state-paid insurance and benefits
under section 43A.24, the cost of these administrative services and include it in the amounts billed for life insurance,
hospital, medical, and dental benefits, and optional coverages authorized. Receipts from the assessments must be deposited
in the state treasury and credited to a special account in the employee insurance trust fund and are appropriated to the
commissioner to pay these administrative costs.
Sec. 13. [43A.375] [DEDUCTION FOR EXPENSES; FRAUD OR MISTAKE.]
If expenses are reimbursed to an employee by the employer under circumstances of fraud or mistake, the expenses
may be deducted from wages earned by or due the employee.
Sec. 14. Laws 1993, chapter 301, section 1, subdivision 4, is amended to read:
Subd. 4. [WAIVER.] (a) Upon receipt of the committee report required by subdivision 3, each entity head shall submit
the list of recommended waivers to the commissioner of employee relations. The commissioner shall then grant the waivers
requested by each entity
(b) The commissioner may not grant a waiver if it would result in the layoff of classified employees or unclassified
employees covered by a collective bargaining agreement except as provided in a plan negotiated under Minnesota Statutes,
chapter 179A, that provides options to layoff for employees who would be affected. If a proposed waiver would violate the
terms of a collective bargaining agreement reached under Minnesota Statutes, chapter 179A, the waiver may not be granted
without the consent of the exclusive representative that is a party to the agreement.
Sec. 15. Laws 1995, chapter 248, article 12, section 2, is amended to read:
Sec. 2. [TERMINATION.]
Section 1 and the civil service pilot project in the housing finance agency as authorized by Laws 1993, chapter 301,
terminate June 30,
Sec. 16. Laws 1995, chapter 248, article 13, section 2, subdivision 2, is amended to read:
Subd. 2. [PILOT PROJECT.] During the biennium ending June 30,
Sec. 17. Laws 1995, chapter 248, article 13, section 2, subdivision 5, is amended to read:
Subd. 5. [PILOT PROJECT.] During the biennium ending June 30,
Sec. 18. Laws 1995, chapter 248, article 13, section 2, subdivision 6, is amended to read:
Subd. 6. [EVALUATION.] The commissioner of employee relations, in consultation with
(1) list job classifications subject to
(2) evaluate the extent to which the project has been successful in maintaining a merit-based system in the absence of
traditional civil service laws and rules;
(3) quantify time and money saved in the hiring process under
(4) document the extent of complaints or problems arising under the new system; and
(5) recommend any changes in laws or rules needed to make permanent the successes of the pilot
Sec. 19. Laws 1995, chapter 248, article 13, section 3, subdivision 2, is amended to read:
Subd. 2. [PILOT PROJECT.] During the biennium ending June 30, 1997, the department of employee relations must
implement a system of incentives including economic incentives for unrepresented employees
(1) it must provide nonmanagerial unrepresented employees or groups of employees within the agency the
possibility of earning economic rewards by suggesting changes in operation of the department's programs;
(2) it must provide nonmanagerial represented employees within the agency the possibility of receiving individual or
group economic rewards, if provided in a collective bargaining agreement, for suggesting changes in the operation of
the department's programs;
(3) it must provide groups of nonmanagerial represented employees within the agency the possibility of receiving group
rewards in the form of training opportunities,
(4) any economic awards must be based on changes in operations suggested by nonmanagerial employees or groups
of employees that result in objectively measurable cost savings of at least $25,000 or significant and objectively
measurable efficiencies in services that the agency provides to its customers or clients, without decreasing the quality of these
services;
(5) awards must be a minimum of $500 up to a maximum of $2,500 per year to unrepresented nonmanagerial employees
or groups of employees who were instrumental in identifying and/or implementing the efficiency and
cost-saving measures;
(6) an "efficiency savings account" must be created
(7) no award shall be given except upon approval of a team comprised of equal numbers of management and
nonmanagement employees selected by the commissioner of employee relations from state employees outside of the
department; and
(8) the economic awards granted to unrepresented employees must be
Sec. 20. [AMERICANS WITH DISABILITIES ACT COORDINATOR.]
The commissioner shall designate a state ADA coordinator who will have primary responsibility for providing training
and technical assistance to agencies on the provisions of titles I and II of the Americans with Disability Act, Public Law
Number 101-336, and Minnesota Statutes, chapter 363. The ADA coordinator will establish monitoring procedures and
reports of progress to the governor's office on no less than a biennial basis.
The ADA coordinator will work with the state director of diversity and equal opportunity on the establishment of
affirmative action goals for persons with disabilities in accordance with Minnesota Statutes, section 43A.19, subdivision 1,
paragraph (b), and the review and approval of agency affirmative action plans consistent with Minnesota Statutes,
sections 43A.04, subdivision 3, and 43A.191, subdivision 1.
Sec. 21. [HUMAN RESOURCES SYSTEM.]
Subdivision 1. [PILOT PROJECT.] The pilot program established in the department of human services by
Laws 1994, chapter 453, section 1, is continued and amended as described in this section. The pilot program must adhere
to the policies expressed in this subdivision and in Minnesota Statutes, section 43A.01. For the purposes of conducting the
expanded pilot project, the commissioner of human services is exempt from the provisions that relate to employment in
Minnesota Statutes, chapter 43A, Minnesota Rules, chapter 3900, and administrative procedures and policies of the
department of employee relations. If a proposed exemption from the provisions that relate to employment in Minnesota
Statutes, chapter 43A, Minnesota Rules, chapter 3900, and administrative procedures and policies of the department of
employee relations would violate the terms of a collective bargaining agreement effective under Minnesota Statutes, chapter
179A, the exemption is not effective without the consent of the exclusive representative that is a party to the agreement. The
labor-management committee established by Laws 1994, chapter 453, section 1, shall continue. The committee membership
may be expanded as long as an equal number of labor and management representatives is maintained. A proposed
exemption may not be implemented without the approval of the labor-management committee unless it affects only
managerial or other unrepresented positions. Upon request of the commissioner of human services, and subject to the
availability of resources, the commissioner of employee relations may provide technical assistance in support of the pilot
project and may request reimbursement for the reasonable cost of any services provided. This section does not exempt the
department of human services from compliance with Minnesota Statutes, sections 43A.19 and 43A.191, or from rules
adopted to implement those sections.
Subd. 2. [EVALUATION.] The department of human services shall evaluate the pilot program. The
evaluation shall include at least the following factors:
(1) the extent to which the department of human services has been successful in maintaining a merit-based human
resources system in the absence of the traditional civil service rules and procedures;
(2) the extent to which the project's projected outcomes were achieved;
(3) the satisfaction of managers, supervisors, and exclusive representatives of employees with the changes; and
(4) the extent of complaints or problems arising under the new system.
The department of human services must report to the legislature by January 15, 1999, January 15, 2000, and
January 15, 2001, on the progress and results of the project.
Sec. 22. [STUDY OF STATE HIRING OPTIONS.]
The commissioner of human services shall study and report to the legislature by January 15, 1998, with
recommendations to expand employment opportunities for public assistance recipients in state agencies and institutions of
higher education. The report may include recommendations on:
(1) giving qualified applicants who are recipients of public assistance preference in hiring; and
(2) other recommendations developed by the commissioner in consultation with other state agencies and institutions
of higher education.
Sec. 23. [REPEALER.]
Minnesota Statutes 1996, section 43A.182; and Laws 1995, chapter 248, article 10, section 12, are repealed. "
Delete the title and insert:
"A bill for an act relating to state employment; making technical and administrative changes in the department of employee
relations; modifying provisions governing state employment; requiring the commissioner of employee relations' approval
before certain agencies may hire employees or retain consultants; creating an occupational hazard identification and accident
prevention program; designating certain positions in the department of human services as unclassified; creating a medical
specialist plan; modifying insurance provisions for certain retired state employees; authorizing the commissioner of
employee relations to market and self-insure dental and optional coverages; allowing deductions from wages in certain
situations; extending certain deadlines for the housing finance agency; modifying and extending certain pilot projects;
providing for a state ADA coordinator; requiring evaluation of certain pilot programs; requiring the commissioner of human
services to complete a study and report to the legislature; amending Minnesota Statutes 1996, sections 13.67; 15.53,
subdivision 2; 43A.04, subdivision 1; 43A.07, subdivision 5; 43A.08, subdivision 1; 43A.17, subdivision 4; 43A.18, by
adding a subdivision; 43A.27, subdivision 3; and 43A.30, subdivisions 4 and 5; Laws 1993, chapter 301, section 1,
subdivision 4; Laws 1995, chapter 248, articles 12, section 2; 13, section 2, subdivisions 2, 5, and 6; and section 3,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 15; and 43A; repealing Minnesota Statutes
1996, section 43A.182; Laws 1995, chapter 248, article 10, section 12."
With the recommendation that when so amended the bill pass.
The report was adopted.
Long from the Committee on Taxes to which was referred:
H. F. No. 824, A bill for an act relating to health; clarifying the status of the comprehensive health association
under medical assistance and general assistance medical care; clarifying eligibility; opening the process for selecting a
writing carrier; permitting contributing members to offset assessments against premium taxes; eliminating the four-month
waiting period under MinnesotaCare for association enrollees; modifying coverage for medical assistance enrollees;
transferring insurance premium tax revenue to the general fund; appropriating money; amending Minnesota Statutes
1996, sections 62E.02, subdivisions 13 and 18; 62E.11, by adding subdivisions; 62E.13, subdivision 2; 256.9357,
subdivision 3; 256B.056, subdivision 8; 256B.0625, subdivision 15; 256D.03, subdivision 3b; and 295.58.
Reported the same back with the following amendments:
Page 2, delete section 3
Page 7, line 2, before "The" insert "(a)"
Page 7, after line 12, insert:
"(b) The revenues, including penalties and interest, derived from the tax on insurance premiums imposed by
section 60A.15 on health maintenance organizations, community integrated service networks, integrated service networks,
and nonprofit health service plan corporations must be deposited in the general fund and are annually appropriated to the
Minnesota comprehensive health association to offset assessments made to subsidize the costs of the Minnesota
comprehensive insurance plan established under chapter 62E."
Page 7, delete section 11
Page 7, line 29, delete "10" and insert "9"
Page 7, line 30, delete everything after the period
Page 7, delete line 31
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 6, delete everything after the semicolon
Page 1, delete line 7
Page 1, line 14, delete "subdivisions" and insert "a subdivision"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Health and Human
Services.
The report was adopted.
Solberg from the Committee on Ways and Means to which was referred:
H. F. No. 864, A bill for an act relating to professions; modifying provisions relating to the board of social work;
providing civil penalties; amending Minnesota Statutes 1996, sections 13.99, subdivision 50; 148B.01, subdivisions 4 and 7;
148B.03; 148B.04, subdivisions 2, 3, and 4; 148B.06, subdivision 3; 148B.07; 148B.08, subdivision 2; 148B.18,
subdivisions 4, 5, 11, and by adding subdivisions; 148B.19, subdivisions 1, 2, and 4; 148B.20, subdivision 1, and by adding
a subdivision; 148B.21, subdivisions 3, 4, 5, 6, 7, and by adding a subdivision; 148B.215; 148B.22, by adding a subdivision;
148B.26, subdivision 1, and by adding a subdivision; 148B.27, subdivisions 1 and 2; and 148B.28, subdivisions 1 and 4;
proposing coding for new law in Minnesota Statutes, chapter 148B; repealing Minnesota Statutes 1996, sections 148B.01,
subdivision 3; 148B.18, subdivisions 6 and 7; 148B.19, subdivision 3; and 148B.23.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
Kahn from the Committee on Governmental Operations to which was referred:
H. F. No. 1129, A bill for an act relating to retirement; providing for full employer and employee contributions to the
teachers retirement association for teachers on sabbatical leave; amending Minnesota Statutes 1996, section 354.092,
subdivisions 1, 3, and 4; repealing Minnesota Statutes 1996, section 354.092, subdivision 2.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
Section 1. Minnesota Statutes 1996, section 136F.45, is amended by adding a subdivision to read:
Subd. 3. [TAX-SHELTERED ANNUITY ADMINISTRATIVE EXPENSES.] (a) The reasonable and
necessary administrative expenses of the tax-sheltered annuity program must be paid by the financial institutions authorized
by the
board of trustees of the Minnesota state colleges and universities system to provide tax-sheltered annuity investment
options.
(b) Annually, the board of trustees shall establish a budget for the tax-sheltered annuity program administrative
expenses. The total budgeted administrative expense must be allocated among the applicable financial institutions by the
board of trustees.
Sec. 2. Minnesota Statutes 1996, section 136F.45, is amended by adding a subdivision to read:
Subd. 4. [PERIODIC REVIEW.] If the board so chooses, it may solicit bids or proposals for options under
subdivision 1. The board may retain consulting services to assist it in soliciting and evaluating bids or proposals and in the
periodic review of companies offering options under subdivision 1. The board may annually establish a budget for its costs
in the soliciting, evaluating, and periodic review processes. The board may charge a proportional share of all costs related
to the periodic review to each company currently under contract and may charge a proportional share of all costs related to
soliciting and evaluating bids or proposals to each company selected by the board. Contracts must provide that all options
in subdivision 1 must: (1) be presented in an unbiased manner, (2) be reported on a periodic basis to all employees
participating in the tax-sheltered annuity program, and (3) not be the subject of unreasonable solicitation of state employees
to participate in the program. The contract may not permit any person to jeopardize the tax-deferred status of money invested
by state employees under this section. All costs or fees in relation to the bid solicitation and evaluation process for the
options provided under subdivision 1 must be paid by the underwriting companies ultimately selected by the board.
Sec. 3. Minnesota Statutes 1996, section 352.01, subdivision 2a, is amended to read:
Subd. 2a. [INCLUDED EMPLOYEES.] (a) "State employee" includes:
(1) employees of the Minnesota historical society;
(2) employees of the state horticultural society;
(3) employees of the Disabled American Veterans, Department of Minnesota, Veterans of Foreign Wars, Department of
Minnesota, if employed before July 1, 1963;
(4) employees of the Minnesota crop improvement association;
(5) employees of the adjutant general who are paid from federal funds and who are not covered by any federal civilian
employees retirement system;
(6) employees of the state universities employed under the university activities program;
(7) currently contributing employees covered by the system who are temporarily employed by the legislature during a
legislative session or any currently contributing employee employed for any special service as defined in clause (8) of
subdivision 2b;
(8) employees of the armory building commission;
(9) permanent employees of the legislature and persons employed or designated by the legislature or by a legislative
committee or commission or other competent authority to conduct a special inquiry, investigation, examination, or
installation;
(10) trainees who are employed on a full-time established training program performing the duties of the classified position
for which they will be eligible to receive immediate appointment at the completion of the training period;
(11) employees of the Minnesota safety council;
(12) any employees on authorized leave of absence from the transit operating division of the former metropolitan transit
commission who are employed by the labor organization which is the exclusive bargaining agent representing employees
of the transit operating division;
(13) employees of the metropolitan council, metropolitan parks and open space commission, metropolitan sports
facilities commission, metropolitan mosquito control commission, or metropolitan radio board unless excluded or covered by
another public pension fund or plan under section 473.415, subdivision 3;
(14) judges of the tax court;
(15) personnel employed on June 30, 1992, by the University of Minnesota in the management, operation, or maintenance
of its heating plant facilities, whose employment transfers to an employer assuming operation of the heating plant facilities,
so long as the person is employed at the University of Minnesota heating plant by that employer or by its successor
organization;
(16) seasonal help in the classified service employed by the department of revenue; and
(17) a person who renders teaching or other service for the Minnesota state colleges and universities system and who
also renders service on a part-time basis for an employer with employees covered by the general state employees retirement
plan of the Minnesota state retirement system, for all service with the Minnesota state colleges and universities system, if
the person's nonteaching service comprises at least 50 percent of the combined total salary received by the person as
determined by the chancellor of the Minnesota state colleges and universities system or if the person is certified for general
state employees retirement plan coverage by the chancellor of the Minnesota state colleges and universities system.
(b) Employees specified in paragraph (a), clause (15), are included employees under paragraph (a)
Sec. 4. Minnesota Statutes 1996, section 352.01, subdivision 2b, is amended to read:
Subd. 2b. [EXCLUDED EMPLOYEES.] "State employee" does not include:
(1) elective state officers;
(2) students employed by the University of Minnesota, the state universities, and community colleges unless approved
for coverage by the board of regents, the state university board, or the state board for community colleges, as the case may be;
(3) employees who are eligible for membership in the state teachers retirement association except employees of the
department of children, families, and learning who have chosen or may choose to be covered by the Minnesota state
retirement system instead of the teachers retirement association;
(4) employees of the University of Minnesota who are excluded from coverage by action of the board of regents;
(5) officers and enlisted personnel in the national guard and the naval militia who are assigned to permanent peacetime
duty and who under federal law are or are required to be members of a federal retirement system;
(6) election officers;
(7) persons engaged in public work for the state but employed by contractors when the performance of the contract is
authorized by the legislature or other competent authority;
(8) officers and employees of the senate and house of representatives or a legislative committee or commission who are
temporarily employed;
(9) receivers, jurors, notaries public, and court employees who are not in the judicial branch as defined in section 43A.02,
subdivision 25, except referees and adjusters employed by the department of labor and industry;
(10) patient and inmate help in state charitable, penal, and correctional institutions including the Minnesota
veterans home;
(11) persons employed for professional services where the service is incidental to regular professional duties and
whose compensation is paid on a per diem basis;
(12) employees of the Sibley House Association;
(13) the members of any state board or commission who serve the state intermittently and are paid on a per diem basis;
the secretary, secretary-treasurer, and treasurer of those boards if their compensation is $5,000 or less per year, or, if they
are legally prohibited from serving more than three years; and the board of managers of the state agricultural society and its
treasurer unless the treasurer is also its full-time secretary;
(14) state troopers;
(15) temporary employees of the Minnesota state fair employed on or after July 1 for a period not to extend beyond
October 15 of that year; and persons employed at any time by the state fair administration for special events held on the
fairgrounds;
(16) emergency employees in the classified service; except that if an emergency employee, within the same pay period,
becomes a provisional or probationary employee on other than a temporary basis, the employee shall be considered a "state
employee" retroactively to the beginning of the pay period;
(17) persons described in section 352B.01, subdivision 2, clauses (2) to (5);
(18) temporary employees in the classified service, and temporary employees in the unclassified service
appointed for a definite period of not more than six months and employed less than six months in any one-year period
(19) trainee employees, except those listed in subdivision 2a, clause (10);
(20) persons whose compensation is paid on a fee basis;
(21) state employees who in any year have credit for 12 months service as teachers in the public schools of the state and
as teachers are members of the teachers retirement association or a retirement system in St. Paul, Minneapolis, or Duluth;
(22) employees of the adjutant general employed on an unlimited intermittent or temporary basis in the classified and
unclassified service for the support of army and air national guard training facilities;
(23) chaplains and nuns who are excluded from coverage under the federal Old Age, Survivors, Disability, and Health
Insurance Program for the performance of service as specified in United States Code, title 42, section 410(a)(8)(A), as
amended, if no irrevocable election of coverage has been made under section 3121(r) of the Internal Revenue Code of 1986,
as amended through December 31, 1992;
(24) examination monitors employed by departments, agencies, commissions, and boards to conduct examinations
required by law;
(25) persons appointed to serve as members of fact-finding commissions or adjustment panels, arbitrators, or labor
referees under chapter 179;
(26) temporary employees employed for limited periods under any state or federal program for training or rehabilitation
including persons employed for limited periods from areas of economic distress except skilled and supervisory personnel
and persons having civil service status covered by the system;
(27) full-time students employed by the Minnesota historical society intermittently during part of the year and full-time
during the summer months;
(28) temporary employees, appointed for not more than six months, of the metropolitan council and of any of its statutory
boards, if the board members are appointed by the metropolitan council;
(29) persons employed in positions designated by the department of employee relations as student workers;
(30) members of trades employed by the successor to the metropolitan waste control commission with trade union pension
plan coverage under a collective bargaining agreement first employed after June 1, 1977;
(31) persons employed in subsidized on-the-job training, work experience, or public service employment as enrollees
under the federal Comprehensive Employment and Training Act after March 30, 1978, unless the person has as of the later
of March 30, 1978, or the date of employment sufficient service credit in the retirement system to meet the minimum vesting
requirements for a deferred annuity, or the employer agrees in writing on forms prescribed by the director to make the
required employer contributions, including any employer additional contributions, on account of that person from revenue
sources other than funds provided under the federal Comprehensive Employment and Training Act, or the person agrees in
writing on forms prescribed by the director to make the required employer contribution in addition to the required employee
contribution;
(32) off-duty peace officers while employed by the metropolitan council;
(33) persons who are employed as full-time police officers by the metropolitan council and as police officers are members
of the public employees police and fire fund;
(34) persons who are employed as full-time firefighters by the department of military affairs and as firefighters are
members of the public employees police and fire fund;
(35) foreign citizens with a work permit of less than three years, or an H-1b/JV visa valid for less than three years of
employment, unless notice of extension is supplied which allows them to work for three or more years as of the date the
extension is granted, in which case they are eligible for coverage from the date extended; and
(36) persons who are employed by the board of trustees of the Minnesota state colleges and universities and who elect
to remain members of the public employees retirement association or the Minneapolis employees retirement fund, whichever
applies, under section 136C.75.
Sec. 5. Minnesota Statutes 1996, section 354B.21, subdivision 3, is amended to read:
Subd 3. [DEFAULT COVERAGE.] (a) If an eligible person fails to elect coverage by the plan under subdivision
2 or if the person fails to make a timely election, the following retirement coverage applies:
(1) for employees of the board who are employed in faculty positions in the technical colleges, in the state
universities or in the community colleges, the retirement coverage is by the plan established by this chapter;
(2) for employees of the board who are employed in faculty positions in the technical colleges, the retirement coverage is
by the plan established by this chapter unless on June 30, 1997, the employee was a member of the teachers
retirement association established under chapter 354 and then the retirement coverage is by the teachers retirement
association, or, unless the employee was a member of a first class city teacher retirement fund established under
chapter 354A on June 30, 1995, and then the retirement coverage is by the Duluth teachers retirement fund association if
the person was a member of that plan on June 30, 1995, or the Minneapolis teachers retirement fund association if the person
was a member of that plan on June 30, 1995, or the St. Paul teachers retirement fund association if the person was a member
of that plan on June 30, 1995; and
(3) for employees of the board who are employed in
eligible unclassified administrative positions, the retirement coverage is by
the plan established by this chapter.
(b) If an employee fails to
correctly certify prior membership in the teachers retirement association to the
Minnesota state colleges and universities system, the system shall not pay
interest on employee contributions, employer contributions, and additional
employer contributions to the teachers retirement association under section
354.52, subdivision 4.
Sec. 6. Minnesota Statutes 1996, section 354C.11, is
amended to read:
354C.11 [COVERAGE.]
Personnel employed by the board of trustees of the
Minnesota state colleges and universities who are in the unclassified service of
the state, and who have completed at least two years of employment by the board
or a predecessor board with a full-time contract are participants in the
supplemental retirement plan, effective on the next following July 1, if the
person
is employed in an eligible unclassified administrative
position as defined in section 354B.20, subdivision 6, or is employed in an
employment classification included in one of the following collective bargaining
units under section 179A.10, subdivision 2:
(1) the state university instructional unit;
(2) the community college instructional unit;
(3) the technical college instructional unit; and
(4) the state university administrative unit.
Once a person qualifies for
participation in the supplemental plan, all subsequent service by the person as
an unclassified employee of the state university board, the state board for
community colleges, the higher education board, or the technical colleges is
covered by the supplemental plan.
Sec. 7. [PURCHASE OF SERVICE CREDIT AUTHORIZATION.]
Subdivision 1. [ELIGIBLE
EMPLOYEE.] (a) An eligible employee described in
paragraph (b) is eligible to purchase service credit in the Minnesota state
retirement system general plan as specified in subdivision 2.
(b) An eligible employee is a
person who:
(1) is employed in the classified
service by the department of revenue as seasonal help, newly authorized to
receive prospective service credit under section 3; and
(2) was employed in the classified
service by the department of revenue as seasonal help in each of the last three
fiscal years.
Subd. 2. [RETIREMENT
COVERAGE.] An eligible employee under subdivision 1,
paragraph (b), is entitled to purchase service credit in the Minnesota state
retirement system general plan for the period of service prior to the effective
date of section 3 as seasonal help in the classified service by the department
of revenue. Any period for which the individual has received service credit or
is eligible to receive service credit in any other Minnesota public pension
plan, other than a volunteer fire plan, is not eligible for purchase.
Subd. 3. [AMOUNT.] (a) To receive service credit under subdivision 2, the
Minnesota state retirement system must receive an amount equal to the actuarial
present value, on the date of payment, as calculated by the actuary retained by
the legislative commission on pensions and retirement, of the amount of the
additional retirement annuity obtained by the acquisition of the additional
service credit in this section. Calculation of this amount must be made using
the preretirement interest rate applicable to the Minnesota state retirement
system general plan specified in Minnesota Statutes, section 356.215,
subdivision 4d, and the mortality table adopted for the pension plan. The
calculation must assume continuous future service in the association until, and
retirement at, the age at which the minimum requirements of the fund for normal
retirement or retirement with an annuity unreduced for retirement at an early
age, including Minnesota Statutes, section 356.30, are met with the additional
service credit purchased. The calculation must assume that the individual
accrues future service credit each year based on a three-year average using the
most recent three year period prior to the effective date of section 3 for
service provided compared to full-time service. The salary used in the
calculation must be the eligible person's actual current hourly salary. The
calculation must assume a future salary history that includes annual salary
increases at the applicable salary increase rate for the plan specified in
Minnesota Statutes, section 356.215, subdivision 4d.
(b) Payment must be made in one
lump sum before July 1, 1998, or before retirement, whichever is earlier.
(c) Payment of the amount
calculated under this subdivision must be made by the eligible employee.
However, the Minnesota department of revenue may, at its discretion, pay all or
any portion of the payment amount that exceeds an amount equal to the employee
contribution rates in effect during the periods of prior service applied to the
actual salary rates in effect during the periods of prior service, plus interest
at the rate of 8-1/2 percent a year compounded annually from the date on
which the contributions would have been made if
retirement coverage were authorized at the time, to the date on which the
payment is made. If the department agrees to payments under this paragraph, the
eligible employee must make the employee payments required under this paragraph
before July 1, 1998. If that employee payment is made, the department payment
under this paragraph must be remitted to the executive director of the Minnesota
state retirement system within 60 days of receipt by the executive director of
the employee payments specified under this paragraph. Subd. 4. [SERVICE CREDIT
GRANT.] Service credit for the purchase period must be
granted by the Minnesota state retirement system to the account of the eligible
employee upon receipt of the purchase payment amount specified in subdivision
3.
Sec. 8. [STUDY.]
The state board of investment, in
consultation with the commissioner of commerce, shall study and make
recommendations to the legislature on the most desirable method for evaluating
insurance companies for purposes of Minnesota Statutes, section 356.24,
subdivision 1, and on the most desirable method for the use of section 403(b),
Internal Revenue Code, annuities and the most effective delivery mechanism to
employees. The board shall report to the legislative commission on pensions and
retirement by February 1, 1998.
Sec. 9. [REPEALER.]
Laws 1995, chapter 262, article 1,
sections 8, 9, 10, 11, and 12, are repealed.
Sec. 10. [EFFECTIVE DATE.]
Sections 1 to 9 are effective on
July 1, 1997.
Section 1. Minnesota Statutes 1996, section 423A.02,
subdivision 2, is amended to read:
Subd. 2. [CONTINUED ELIGIBILITY.] A municipality that has
qualified for amortization state aid under subdivision 1 on December 31, 1984,
and has an additional municipal contribution payable under section 353A.09,
subdivision 5, paragraph (b), as of the most recent December 31, continues upon
application to be entitled to receive amortization state aid under subdivision 1
and supplementary amortization state aid under subdivision 1a, after the local
police or salaried firefighters' relief association has been consolidated into
the public employees police and fire fund. If a municipality loses entitlement
for amortization state aid and supplementary amortization state aid in any year
because of not having an additional municipal contribution, the municipality is
not entitled to the aid amounts in any subsequent year. If the actuarial assumptions specified in section 356.215
are changed in 1997, and the change results in a municipality having an
additional municipal contribution, and the municipality had previously lost
entitlement for amortization aid and supplementary amortization due to not
having an additional municipal contribution, then the municipality is again
entitled to receive amortization aid and supplementary amortization aid in the
same amount as it previously received.
Sec. 2. Minnesota Statutes 1996, section 423B.06,
subdivision 1, is amended to read:
Subdivision 1. [SOURCES.] The fund is derived from the
following sources:
(1) gifts provided to the fund;
(2) rewards received by (3) money coming into the hands of (4) proceeds from sales of property coming into the hands
of (5) an amount equal to the minimum percentage specified
in section 69.77, subdivision 2a, of the salary of a first grade patrol officer
deducted from the monthly salary of each active member;
(6) all money derived from taxation as provided by
sections 69.77, subdivisions 2b, 2c, 2d, 2e, and 2f; and 423A.01, subdivision 2;
(7) all money received from the state amortization aid
programs under section 423A.02, to fund the unfunded actuarial accrued liability
of the association;
(8) all money received from the state under chapter 69,
as state police aid;
(9) all money provided by the state for the association
in addition to clauses (7) and (8);
(10) all money derived from taxation by the municipality
for the support of the association and the payment of pensions; and
(11) money from the investment of, earnings on, and
interest on the assets of the fund.
Sec. 3. Minnesota Statutes 1996, section 423B.06,
subdivision 1a, is amended to read:
Subd. 1a. [SALES OF UNCLAIMED PROPERTY.] The chief of
police of the city shall sell property coming into the hands of Sec. 4. [TEACHER RETIREMENT DATE.]
Notwithstanding Minnesota
Statutes, section 354.44, subdivision 4, teachers terminating active teaching
service at the high school in independent school district No. 701, Hibbing,
during June 1997, shall have May 30, 1997, as their date of retirement for the
purpose of receiving retirement benefits from the teachers retirement
association.
Sec. 5. [EFFECTIVE DATE.]
Sections 1 to 4 are effective on
the day following final enactment.
Section 1. Minnesota Statutes 1996, section 69.051,
subdivision 1, is amended to read:
Subdivision 1. [FINANCIAL REPORT AND AUDIT.] The board of
each salaried firefighters' the independent nonprofit firefighting corporation and by
the municipal clerk or clerk-treasurer of the largest municipality in population
which contracts with the independent nonprofit firefighting corporation if the
relief association is a subsidiary of an independent nonprofit firefighting
corporation;
Sec. 2. Minnesota Statutes 1996, section 69.051,
subdivision 1a, is amended to read:
Subd. 1a. [FINANCIAL STATEMENT.] (a) The board of each volunteer firefighters' relief
association (b) The detailed financial statement required under paragraph (a) (c) The detailed statement required under paragraph (a) (d) The volunteer firefighters
relief association board must file the detailed
statement required under paragraph (a) in the relief
association office for public inspection and present it to the city council
within 45 days after the close of the fiscal year Sec. 3. Minnesota Statutes 1996, section 69.051,
subdivision 1b, is amended to read:
Subd. 1b. [QUALIFICATION.] The
state auditor may, upon a demonstration by a relief association of hardship or
inability to conform, extend the deadline for reports under subdivision 1 or 1a,
but not beyond November 30th following the due date. If the reports are not
received by November 30, the municipality or relief association will forfeit its
current year state aid, and until the state auditor receives the required
information, the relief or municipality will be ineligible to receive any future
state aid. A municipality or police or firefighters' relief association
shall not qualify initially to receive, or be entitled subsequently to retain,
state aid pursuant to this chapter if the financial reporting requirement or the
applicable requirements of this chapter or any other statute or special law have
not been complied with or are not fulfilled.
Sec. 4. Minnesota Statutes 1996, section 356.20, is
amended by adding a new subdivision to read:
Subd. 4b. [ADDITIONAL
REPORTING REQUIREMENTS.] Pension funds referred to in
subdivision 2, clauses (5) to (10), must include, as part of the report required
by this section, the information required under section 356.219. A pension fund
which fails to include that information is subject to penalties specified in
section 356.219, subdivision 5. The office of the state auditor is authorized to
develop forms to facilitate the reporting required under this subdivision. For
pension funds subject to this subdivision, at the time when reports are filed
under subdivision 3, a copy of the reports must also be delivered to the office
of the state auditor.
Sec. 5. Minnesota Statutes 1996, section 356.219, is
amended to read:
356.219 [DISCLOSURE OF Subdivision 1. [REPORT REQUIRED.] (a) Except as indicated in subdivision 4, the state
board of investment on behalf of the public pension funds and programs for which
it is the investment authority and any Minnesota public pension plan not (b) A local police or firefighters
relief association governed by section 69.77 or sections 69.771 to 69.775 is
fully invested for purposes of this section if all assets of the applicable
pension plan beyond sufficient cash equivalent investments to cover six months
expected expenses are invested under section 11A.17. The board of any fully
invested public pension plan remains responsible for submitting investment
policy statements and subsequent revisions as required by subdivision 3,
paragraph (a).
(c) For purposes of this section,
the state board of investment is considered to be the investment authority for
any Minnesota public pension fund required to be invested by the state board of
investment under section 11A.23, or for any Minnesota public pension fund
authorized to invest in the supplemental investment fund under section 11A.17
and which is fully invested.
Subd. 2. [ASSET CLASS
DEFINITION.] (a) For purposes of this section, "asset
class" means any of the following asset groupings as authorized in applicable
law, bylaws, or articles of incorporation:
(1) cash and any cash equivalent
investments with maturities of one year or less when issued;
(2) debt securities with
maturities greater than one year when issued, including, but not limited to,
mortgage participation certificates and pools, asset-backed securities,
guaranteed investment contracts, and authorized government and corporate
obligations of corporations organized under laws of the United States or any
state, or the Dominion of Canada or its provinces;
(3) stocks or convertible issues
of any corporation organized under laws of the United States or any state, or
the Dominion of Canada or its provinces, or any corporation listed on the New
York Stock Exchange or the American Stock Exchange;
(4) international stocks or
convertible issues;
(5) international debt securities;
and
(6) real estate and venture
capital.
(b) If the pension plan is
investing under section 69.77, subdivision 2g, 69.775, or other applicable law,
in open-end investment companies registered under the Federal Investment Company
Act of 1940, or in the Minnesota supplemental investment fund under section
11A.17, this investment must be included under paragraph (a), clauses (1) to
(6), as appropriate. If the investment vehicle includes underlying securities
from more than one asset class as indicated by paragraph (a), clauses (1) to
(6), the investment may be treated as a separate asset class.
Subd. The report required by subdivision
1 must (b) If a public pension plan has a
total market value of $10,000,000 or more as of the beginning of the calendar
year, the report required by subdivision 1 must include the market value of the
total portfolio and the market value of each investment account or investment
portfolio as of the beginning of the calendar year and the amount and date of
each total portfolio and investment account or investment portfolio injection
and withdrawal. If a public pension plan once files a report under this
paragraph, it must continue reporting under this paragraph even if asset values
drop below $10,000,000 in market value in a subsequent year.
(c) If a public pension plan has a
total market value of less than $10,000,000 as of the beginning of the calendar
year, and was never required to file under paragraph (b), the report required by
subdivision 1 must include the amount and date of each total portfolio injection
and withdrawal. In addition, the report must include the market value of the
total portfolio and each investment account or investment portfolio as of the
beginning and the end of the calendar year.
(d) Any public pension plan
reporting under paragraph (b) or (c) may include computed time-weighted rates of
return with the report, in addition to all other required information, as
applicable. If returns are supplied, the individual who computed the returns
must certify that the returns are net of all costs and fees, including
investment management fees, and that the procedures used to compute the returns
are consistent with bank administration institute studies of investment
performance measurement and association of investment management and research
presentation standards.
(e) For public pension plans
reporting under paragraph (c), the public pension plan must retain information
specifying the date and amount of each investment account or investment
portfolio injection and withdrawal. Information that is required to be collected
and retained for any given year or years under this paragraph must be submitted
to the office of the state auditor if the office of the state auditor requests
in writing that the information be submitted by a public pension plan or plans,
or be submitted by the state board of investment for any plan or plans for which
the state board of investment is the investment authority under this section.
Information required to be collected and retained under this subdivision must
also be transmitted to the legislative commission on pensions upon official
action of that commission. All data submitted or retained under this section are
public data under Minnesota Statutes, chapter 13.
Subd. 4. [ALTERNATIVE
REPORTING; CERTAIN PLANS.] In lieu of requirements in
subdivision 3, the applicable administration for the individual retirement
account plans under chapters 354B and 354D and for the University of Minnesota
faculty retirement plan shall submit computed time-weighted rates of return to
the office of the state auditor. These time-weighted rates of return must cover
the most recent complete calendar year, and must be computed for each investment
option available to plan members. To the extent feasible, the returns must be
computed net of all costs, fees, and charges, so that the computed return
reflects the net time-weighted return available to the investor. If this is not
practical, the existence of any remaining cost, fee, or charge which could
further lower the net return must be disclosed. The procedures used to compute
the returns must be consistent with bank administration institute studies of
investment performance measurement and association of investment management and
research presentation standards, or, if applicable, securities exchange
commission requirements. The individual who computes the returns must certify
that the supplied returns comply with this subdivision. The applicable plan
administrator must also submit, with the return information, the total amounts
invested by the plan members, in aggregate, in each investment option as of the
last day of the calendar year.
Subd. Subd. Subd. Subd. 8. [TIMING OF REPORTS.]
(a) For salaried firefighter relief associations, police
relief associations, and volunteer firefighter relief associations, the
information required under this section must be submitted by the due date for
reports required under section 69.051, subdivision 1 or 1a, as applicable. If a
relief association satisfies the definition of a fully invested plan under
subdivision 1, paragraph (b), for the calendar year covered by the report
required under section 69.051, subdivision 1 or 1a, as applicable, the chief
administrative officer of the covered pension plan shall certify compliance on a
form prescribed by the state auditor. The state auditor shall transmit annually
to the state board of investment a list or lists of covered pension plans which
submitted certifications, in order to facilitate reporting by the state board of
investment under paragraph (c).
(b) For the Minneapolis teachers
retirement fund association, the St. Paul teachers retirement fund association,
the Duluth teachers retirement fund association, the Minneapolis employees
retirement fund, and the University of Minnesota faculty supplemental retirement
plan, the information required under this section must be submitted as part of
the report required under section 356.20.
(c) The state board of investment,
on behalf of pension funds specified in subdivision 1, paragraph (c), must
report information required under this section by September 1 of each year.
(d) The applicable administrators
for the University of Minnesota faculty retirement plan and the individual
retirement account plans under chapters 354B and 354D must report information
required under this section by June 1 of each year.
Sec. 6. Minnesota Statutes 1996, section 424A.02,
subdivision 10, is amended to read:
Subd. 10. [LOCAL APPROVAL OF BYLAW AMENDMENTS; FILING
REQUIREMENTS.] (a) Each relief association to which
this section applies shall file a revised copy of its governing bylaws with the
(b) If the special fund of the
relief association does not have a surplus over full funding pursuant to section
69.772, subdivision 3, clause (2), subclause (e), or 69.773, subdivision 4, and
if the municipality is required to provide financial support to the special fund
of the relief association pursuant to section 69.772 or 69.773, no bylaw
amendment which would affect the amount of, the manner of payment of, or the
conditions for qualification for service pensions or ancillary benefits or
disbursements other than administrative expenses authorized pursuant to section
69.80 payable from the special fund of the relief association shall be effective
until it has been ratified by the governing body or bodies of the appropriate
municipalities. If the municipality is not required to provide financial support
to the special fund pursuant to this section, the relief association may adopt
or amend without municipal ratification its articles of incorporation or bylaws
which increase or otherwise affect the service pensions or ancillary benefits
payable from the special fund so long as the changes do not cause the amount of
the resulting increase in the accrued liability of the special fund to exceed 90
percent of the amount of the prior surplus over full funding and the changes do
not result in the financial requirements of the special fund exceeding the
expected amount of the future fire state aid to be received by the relief
association.
(c) If the relief association
pays only a lump sum pension, the financial requirements are to be determined by
the board of trustees following the preparation of an estimate of the expected
increase in the accrued liability and annual accruing liability of the relief
association attributable to the change. If the relief association pays a monthly
benefit service pension, the financial requirements are to be determined by the
board of trustees following either an updated actuarial valuation including the
proposed change or an estimate of the expected actuarial impact of the proposed
change prepared by the actuary of the relief association. If a relief
association adopts or amends its articles of incorporation or bylaws without
municipal ratification pursuant to this subdivision, and, subsequent to the
amendment or adoption, the financial requirements of the special fund pursuant
to this section are such so as to require financial support from the
municipality, the provision which was implemented without municipal ratification
shall no longer be effective without municipal ratification, and any service
pensions or ancillary benefits payable after that date shall be paid only in
accordance with the articles of incorporation or bylaws as amended or adopted
with municipal ratification.
Sec. 7. [REPEALER.]
Minnesota Statutes, section
356.218, is repealed.
Sec. 8. [EFFECTIVE DATE.]
Sections 1 to 7 are effective
January 1, 1998, except that no penalty for noncompliance with section 5 may be
assessed on account of any failure to comply with reporting requirements of that
section prior to January 1, 1999.
Section 1. Laws 1996, chapter 408, article 8, section 21,
is amended to read:
Sec. 21. [TEMPORARY PROVISION; ELECTION TO RETAIN
RETIREMENT COVERAGE.]
(a) An employee in a position specified as qualifying
under sections 12, 14, and 15, or an auto mechanic lead,
an electrician, an electrician master of record, a groundskeeper intermediate,
or a plumber master in charge at the Minnesota correctional facility-Red
Wing, may elect to retain coverage under the general employees retirement
plan of the Minnesota state retirement system or the teachers retirement
association, or may elect to have coverage transferred to and to contribute to
the correctional employees retirement plan. An employee electing to participate
in the correctional employees retirement plan shall begin making contributions
to the correctional plan beginning the first full pay period after January 1,
1997, or the first full pay period following filing of their election to
transfer coverage to the correctional employees retirement plan, whichever is
later. The election to retain coverage or to transfer coverage must be made in
writing by the person on a form prescribed by the executive director of the
Minnesota state retirement system and must be filed with the executive director
no later than (b) An employee failing to make an election by June 15,
1997, must be notified by certified mail by the executive director of the
Minnesota state retirement system or of the teachers retirement association,
whichever applies, of the deadline to make a choice. A person who does not
submit an election form must continue coverage in the general employees
retirement plan or the teachers retirement association, whichever applies, and
forfeits all rights to transfer retirement coverage to the correctional
employees retirement plan.
(c) The election to retain coverage in the general
employee retirement plan or the teachers retirement association or the election
to transfer retirement coverage to the correctional employees retirement plan is
irrevocable once it is filed with the executive director.
Sec. 2. Laws 1996, chapter 408, article 8, section 22,
subdivision 1, is amended to read:
Subdivision 1. [ELECTION OF PRIOR STATE SERVICE
COVERAGE.] (a) An employee who has future retirement coverage transferred to the
correctional employees retirement plan under sections 11, 12, 14, (b) Eligible state service with the department of
corrections or with the department of human services is any prior period of
continuous service on or after July 1, 1975, performed as an employee of the
department of corrections or of the department of human services that would have
been eligible for the correctional employees retirement plan coverage under
sections 11, 12, 14, (c) The department of corrections or the department of
human services, whichever applies, shall certify eligible state service to the
executive director of the Minnesota state retirement system.
(d) A covered correctional plan employee employed on
January 1, 1997, who has past service in a job classification covered under
section 11, 12, 14, January 1, 1997, is entitled to purchase the past service
if the applicable department certifies that the employee met the eligibility
requirements for coverage. The employee must make the additional employee
contributions under section 17. Payments for past service must be completed by
June 30, 1999.
Sec. 3. Laws 1996, chapter 408, article 8, section 24, is
amended to read:
Sec. 24. [EARLY RETIREMENT INCENTIVE.]
This section applies to an employee who has future
retirement coverage transferred to the correctional employee retirement plan
under sections 11, 12, 14, Sec. 4. [EFFECTIVE DATE.]
Sections 1 to 3 are effective on
the day following final enactment.
Section 1. [EXEMPTION; METROPOLITAN STATE UNIVERSITY.]
(a) Minnesota Statutes, section
352.115, subdivision 10, does not apply to a person who:
(1) was born June 22, 1939;
(2) retires from the faculty of
Metropolitan State University with at least ten years of combined service credit
in a system under the jurisdiction of the board of trustees of the Minnesota
state colleges and universities;
(3) was employed on a full-time
basis immediately preceding retirement;
(4) begins drawing an annuity from
the Minnesota state retirement system; and
(5) returns to work on not less
than a one-third time basis and not more than a two-thirds time basis at
Metropolitan State University under an agreement in which the person may not
earn a salary of more than $35,000 in a calendar year from employment after
retirement at Metropolitan State University.
(b) Initial participation, the
amount of time worked, and the duration of participation under this section must
be mutually agreed upon by the employer and the employee. The employer may
require up to a one-year notice of intent to participate in the program as a
condition of participation under this section. The employer shall determine the
time of year the employee shall work.
(c) Minnesota Statutes, section
136F.48, applies to a person described in paragraph (a), even though the person
draws an annuity from the Minnesota state retirement system instead of a
teachers retirement association.
(d) Notwithstanding any law to the
contrary, a person eligible under paragraphs (a) and (b) may not earn further
service credit in the Minnesota state retirement system or the teachers
retirement association and is not eligible to participate in the individual
retirement account plan or the supplemental retirement plan established in
chapter 354B as a result of service under this section. No employer or employee
contribution to any of these plans may be made on behalf of such a person.
Sec. 2. [ACCEPTANCE OF BENEFICIARY DESIGNATION CHANGE IN
CERTAIN INSTANCES.]
Notwithstanding any provision of
Minnesota Statutes 1996, chapter 354, to the contrary, the teachers retirement
association may consider as validly filed a beneficiary designation change form
under Minnesota Statutes 1996, section 354.10, subdivision 4, and a joint
specification form under Minnesota Statutes 1996, section 354.46, subdivision 5,
which was postmarked on January 8, 1997, and received by the teachers retirement
association on January 10, 1997, on behalf of a teacher who was born on February
28, 1947, and who died on December 22, 1996.
(b) The designated beneficiary of
the teacher specified in paragraph (a) is entitled to receive the applicable
monthly survivor benefit retroactive to January 1, 1997.
Sec. 3. [PRIOR SERVICE CREDIT PURCHASE FOR CERTAIN PUBLIC
EMPLOYEES.]
(a) A person described in
paragraph (b) is entitled to purchase the period of allowable service credit
from the public employees retirement association described in paragraph (c) if
the purchase payment specified in paragraph (d) is made to the public employees
retirement association.
(b) An eligible person is a person
who:
(1) was born on August 10,
1939;
(2) was initially employed on a
full-time basis by the parks and recreation division of the city of St. Paul on
February 12, 1964;
(3) was initially covered by the
public employees retirement association on November 1, 1964; and
(4) left public service on
September 16, 1996.
(c) The period of purchasable
allowable service credit is the period beginning on February 12, 1964, and
ending on October 31, 1964.
(d) To purchase credit for prior
eligible service under subdivision 1, there must be paid to the public employees
retirement association an amount equal to the present value of the amount of the
additional disability benefit obtained by purchase of the additional service
credit. The calculation of this amount must be made by the executive director of
the public employees retirement association using the applicable preretirement
interest rate specified in Minnesota Statutes, section 356.215, subdivision 4d,
and the mortality table adopted for the retirement association. The person
making the purchase must establish in the records of the association proof of
the service for which the purchase of prior service is requested. The manner of
the proof of service must be in accordance with procedures prescribed by the
executive director of the retirement association. Payment of the amount
calculated under this subdivision is the obligation of the eligible person and
must be made prior to July 1, 1998, in a lump sum. However, the former employer
of the eligible individual may, at its discretion, pay all or any portion of the
payment amount that exceeds an amount equal to the employee contribution rate or
rates in effect during the period or periods of prior service, plus interest at
the rate of 8.5 percent per year compounded annually from the date on which the
contributions would otherwise have been made to the date on which the payment is
made. If the employer agrees to payments under this paragraph, the person must
make the employee payments required under this paragraph prior to July 1, 1998.
If that employee payment is made, the employing unit payment under this
paragraph must be remitted to the executive director of the retirement
association within 60 days of receipt by the executive director of the employee
payments specified under this paragraph.
(e) Service credit for the
purchase period or periods must be granted to the account of the eligible person
upon receipt of the purchase payment amount specified in subdivision 2 and the
disability benefit of the person must be recalculated in light of the additional
service credit.
Sec. 4. [EFFECTIVE DATE.]
Sections 1, 2, and 3 are effective
on the day following final enactment."
Delete the title and insert:
"A bill for an act relating to retirement; various public
pension plans and retirement programs; including seasonal revenue department
employees in general state employee retirement plan coverage; modifying various
pension provisions relating to the Minnesota state colleges and universities,
the higher education individual retirement account plan, and the higher
education supplemental retirement plan; requiring a study by the state board of
investment on tax-sheltered annuities and the evaluation of insurance companies
providing tax-sheltered annuities; providing for the requalification for police
and paid firefighter relief association amortization state aid in certain
instances; clarifying the handling of unclaimed money and property obtained by
the Minneapolis police department; modifying the retirement date for certain
Hibbing high school teachers; authorizing certain Minnesota correctional
facility-Red Wing employees to elect correctional state employee retirement plan
coverage; authorizing various correctional employees to transfer prior eligible
service credit to the correctional state employee retirement plan; authorizing
certain Minnesota state colleges and universities faculty a limited exemption
from the general state employees retirement plan reemployed annuitant earnings
limitation; authorizing the teachers retirement association to accept a
beneficiary designation change form filed late; authorizing certain public
employees retirement association disabilitants to purchase service credit for a
period of uncredited St. Paul parks and recreation division employment; amending
Minnesota Statutes 1996, sections 69.051, subdivisions 1, 1a, and 1b; 136F.45,
by adding subdivisions; 352.01, subdivisions 2a and 2b; 354B.21, subdivision 3;
354C.11, 356.20, by adding a subdivision; 356.219; 423A.02, subdivision 2;
423B.06, subdivisions 1 and 1a; 424A.02, subdivision 10; Laws 1996, chapter 408,
article 8, sections 21; 22, subdivision 1; and 24; repealing Minnesota Statutes
1996, section 356.218; and Laws 1995, chapter 262, article 1, sections 8, 9, 10,
11, and 12."
With the recommendation that when so amended the bill
pass.
The report was adopted.
Kahn from the Committee on Governmental Operations to
which was referred:
H. F. No. 1702, A bill for an act relating to health;
regulating the practice of respiratory care; establishing the requirements for
registration and regulation of respiratory care practitioners; providing for
continuing education, fees, reporting obligations, disciplinary actions, and for
an advisory council; providing criminal penalties; proposing coding for new law
as Minnesota Statutes, chapter 147C; repealing Minnesota Rules, parts 4762.0010;
4762.0020; 4762.0030; 4762.0040; 4762.0050; 4762.0060; 4762.0065; 4762.0070;
4762.0080; 4762.0090; 4762.0100; 4762.0200; and 4762.0300.
Reported the same back with the following amendments:
Page 1, after line 13, insert:
"Section 1. [147A.27] [PHYSICIAN ASSISTANT ADVISORY
COUNCIL.]
Subdivision 1. [MEMBERSHIP.]
The physician assistant advisory council is created and
is composed of seven persons appointed by the board. The seven persons must
include:
(1) two public members, as defined
in section 214.02;
(2) three physician assistants
registered under this chapter; and
(3) two licensed physicians with
experience supervising physician assistants.
Subd. 2. [ORGANIZATION.] The council shall be organized and administered under
section 15.059, except that the advisory council shall expire on June 30,
2007.
Subd. 3. [DUTIES.] The council shall advise the board regarding:
(1) physician assistant
registration standards;
(2) enforcement of grounds for
discipline;
(3) distribution of information
regarding physician assistant registration standards;
(4) applications and
recommendations of applicants for registration or registration renewal; and
(5) complaints and recommendations
to the board regarding disciplinary matters and proceedings concerning
applicants and registrants according to sections 214.10; 214.103; and 214.13,
subdivisions 6 and 7.
The council shall perform other
duties authorized for the council by chapter 214 as directed by the board."
Page 5, line 14, delete "PENALTIES" and insert "PENALTY"
Page 5, line 15, delete "or
subdivision 2"
Page 13, line 35, after the period, insert "The council expires June 30, 2001."
Page 14, delete lines 26 and 27
Page 14, after line 35, insert:
"Sec. 11. [PHYSICIAN ASSISTANT ADVISORY COUNCIL
MEMBERSHIP.]
The current members of the
physician assistant advisory council, appointed pursuant to Minnesota Rules,
part 5600.2665, shall continue to serve until their terms expire."
Page 15, line 6, delete "1 to
10" and insert "2 to 10 and 12"
Page 15, line 9, after the period, insert "Fees in effect on the day before the effective date of
section 12 remain in effect until the board changes them by rule."
Renumber the sections in sequence and correct internal
references
Amend the title as follows:
Page 1, line 7, after the second semicolon, insert
"creating a physician assistant advisory council;"
Page 1, line 7, after the second semicolon, insert
"proposing coding for new law in Minnesota Statutes, chapter 147A;"
With the recommendation that when so amended the bill
pass.
The report was adopted.
Solberg from the Committee on Ways and Means to which was
referred:
H. F. No. 2079, A bill for an act relating to public
finance; clarifying a duty relating to expenditure forecasts; amending Minnesota
Statutes 1996, section 16A.103, subdivision 1.
Reported the same back with the following amendments:
Page 1, line 18, delete the new language
Page 1, line 19, delete "must
determine" and insert "In determining"
Page 1, line 21, after "forecast" insert ", the
commissioner must consult with house and senate fiscal staff"
With the recommendation that when so amended the bill
pass.
The report was adopted.
Long from the Committee on Taxes to which was referred:
H. F. No. 2147, A bill for an act relating to education;
providing for early childhood education, community, prevention, and
self-sufficiency programs; appropriating money; amending Minnesota Statutes
1996, sections 15.53, subdivision 2; 119A.01, subdivision 3; 119A.04,
subdivision 6, and by adding a subdivision; 119A.13, subdivisions 2, 3, and 4;
119A.14; 119A.15, subdivisions 2, 5, and by adding a subdivision; 119A.16;
119A.31, subdivisions 1 and 2; 119B.01, subdivisions 8, 9, 12, 16, 17, and by
adding subdivisions; 119B.02; 119B.03, subdivisions 3, 4, 5, 6, 7, 8, and by
adding subdivisions; 119B.04; 119B.05, subdivisions 1, 5, 6, and by adding a
subdivision; 119B.07; 119B.08, subdivisions 1 and 3; 119B.09, subdivisions 1, 2,
and by adding subdivisions; 119B.10, subdivision 1; 119B.11, subdivisions 1, 3,
and by adding a subdivision; 119B.12; 119B.13, subdivision 1, and by adding
subdivisions; 119B.15; 119B.16, subdivision 1; 119B.18, by adding a subdivision;
119B.20, subdivisions 7, 9, and 10; 119B.21, subdivisions 1, 2, 3, 4, 5, 6, 8,
9, 10, and 11; 121.831, subdivisions 3 and 4; 121.8355, subdivision 1; 121.88,
subdivisions 1, 10, and by adding a subdivision; 121.882, subdivisions 2 and 6;
124.17, subdivision 2e; 124.26, subdivision 2, and by adding a subdivision;
124.2601, subdivisions 3, 4, 5, 6, and by adding a subdivision; 124.261,
subdivision 1; 124.2615, subdivisions 1 and 2; 124.2711, subdivisions 1 and 2a;
124.2713, subdivisions 6 and 8; 124.2716, subdivision 3; 268.38, by adding a
subdivision; 268.53, subdivision 5; 268.55, by adding a subdivision; 268.912;
268.913, subdivisions 2 and 4; and 268.914, subdivision 1; proposing coding for
new law in Minnesota Statutes, chapters 119A; and 119B; repealing Minnesota
Statutes 1996, sections 119B.03, subdivision 7; 119B.05, subdivisions 2 and 3;
119B.11, subdivision 2; 119B.19, subdivision 2; 119B.21, subdivision 7;
121.8355, subdivision 1a; and 268.913, subdivision 5.
Reported the same back with the recommendation that the
bill pass and be re-referred to the Committee on Ways and Means.
The report was adopted.
Kahn from the Committee on Governmental Operations to
which was referred:
S. F. No. 95, A bill for an act relating to health;
modifying provisions related to health maintenance organizations; modifying lead
inspection provisions; providing for the expiration of certain advisory and work
groups; modifying vital statistics provisions; modifying asbestos abatement
provisions; modifying provisions relating to traumatic brain injury and spinal
cord injury notification and data; modifying licensing requirements for elderly
housing with services; modifying provisions for hearings related to permitting,
licensing, registration, and certification; modifying revocation and suspension
provisions for permits, licenses, registration, and certifications; modifying
provisions for testing infants for inborn metabolic errors; modifying medical
education and research costs trust fund provisions; requiring conformance with
federal regulations; amending Minnesota Statutes 1996, sections 62D.02,
subdivision 10; 62D.03, subdivisions 3 and 4; 62D.04, subdivision 3; 62D.042,
subdivision 3; 62D.06, subdivision 1; 62D.07, subdivision 3; 62D.09,
subdivisions 1, 3, and 8; 62D.102; 62D.11, subdivisions 1, 1b, and 3; 62D.12, by
adding a subdivision; 62D.20, subdivision 2; 62J.15, by adding a subdivision;
62J.60, subdivision 3; 62J.69, subdivision 1; 62Q.03, subdivision 5a; 144.125;
144.215, subdivision 1; 144.218; 144.664, subdivision 3; 144.665; 144.672,
subdivision 1; 144.9501, subdivision 29, and by adding a subdivision; 144.9504,
subdivision 2; 144.9506, subdivisions 1 and 5; 144.99, subdivisions 9 and 10;
257.73; 326.71, subdivisions 4 and 6; 326.72, subdivision 2; 326.74; 326.76;
326.78, subdivision 1; and 326.785; repealing Minnesota Statutes 1996, sections
62D.03, subdivision 2; and 62D.11, subdivision 4; Laws 1988, chapter 495,
section 1; Minnesota Rules, part 4600.3900.
Reported the same back with the following amendments to
the unofficial engrossment:
Page 16, delete section 17
Pages 19 to 21, delete section 20
Pages 24 and 25, delete section 26
Page 32, line 10, delete "as"
Page 32, line 11, delete everything before the comma
Page 34, line 18, delete "Sections
17 and 21 are" and insert "Section 19 is"
Page 34, line 19, delete everything after the period
Page 34, delete line 20
Renumber the sections in sequence and correct internal
references
Amend the title as follows:
Page 1, line 4, delete everything after the semicolon
Page 1, line 5, delete "certain advisory and work
groups;"
Page 1, line 9, delete everything after the semicolon
Page 1, line 10, delete "housing with services;"
Page 1, line 24, delete everything after "2;"
Page 1, line 25, delete "a subdivision;"
Page 1, line 26, delete "62Q.03, subdivision 5a;"
Page 1, line 28, delete "144.672, subdivision 1;"
With the recommendation that when so amended the bill
pass.
The report was adopted.
Dorn from the Committee on Health and Human Services to
which was referred:
S. F. No. 101, A bill for an act relating to human
services; adding an exclusion to elderly housing with services establishment;
downsizing the number of IMD beds; modifying the appeal process for nursing
facilities; changing procedure for permanent placement of a child and provisions
for reimbursement for family foster care; removing the time limitation on family
general assistance; amending Minnesota Statutes 1996, sections 144D.01,
subdivision 4; 245.466, by adding a subdivision; 256B.059, subdivisions 1, 2, 5,
and by adding a subdivision; 256B.17, subdivision 7; 256B.431, subdivision 18;
256B.50, subdivisions 1, 1b, 1c, and 1e; 256D.01, subdivision 1a; 257.071,
subdivision 2; 260.191, subdivision 3b; 260.192; 260.242, subdivision 2; and
382.18; repealing Minnesota Statutes 1996, sections 256B.17, subdivisions 1, 2,
3, 4, 5, 6, and 8; and 256B.50, subdivisions 1d, 1g, 1h, and 2.
Reported the same back with the following amendments:
Page 2, line 27, after the period, insert "For the purposes of this subdivision, "a budget neutral
plan" means a plan that does not increase the state share of costs."
With the recommendation that when so amended the bill
pass.
The report was adopted.
Solberg from the Committee on Ways and Means to which was
referred:
S. F. No. 1888, A bill for an act relating to education;
appropriating money for education and related purposes to the higher education
services office, board of trustees of the Minnesota state colleges and
universities, board of regents of the University of Minnesota, and the Mayo
medical foundation, with certain conditions; prescribing changes in certain
financial assistance programs; establishing educational savings plan accounts;
clarifying duties of the higher education services office; providing for
appropriations for certain enrollments; defining the mission for the Minnesota
state colleges and universities system; clarifying the common numbering and
credit transfer requirements; making technical corrections relating to the
post-secondary merger; modifying the higher education facilities authority
revenue bond authority; modifying certain capital improvement projects; placing
a condition on referendums by campus student associations; establishing the
Minnesota Virtual University and a roundtable on vocational technical education;
amending Minnesota Statutes 1996, sections 16A.69, subdivision 2; 125.1385,
subdivision 2; 126.56, subdivisions 2, 4a, and 7; 135A.031, subdivision 2;
135A.052, subdivision 1; 135A.08, subdivision 2; 136A.01, subdivision 2, and by
adding a subdivision; 136A.03; 136A.121, subdivisions 5, 7, and 9a; 136A.125,
subdivisions 3 and 4; 136A.136, subdivision 2; 136A.15, by adding a subdivision;
136A.16, subdivisions 1, 2, 8, and by adding subdivisions; 136A.171; 136A.173,
subdivisions 1, 3, and 5; 136A.174; 136A.175, subdivisions 1 and 2; 136A.233,
subdivisions 1 and 2; 136A.29, subdivision 9; 136F.05; 216C.27, subdivision 7;
Laws 1994, chapter 643, sections 10, subdivision 10, as amended; and 19,
subdivision 9, as amended; proposing coding for new law in Minnesota Statutes,
chapter 136A; repealing Laws 1995, chapter 212, article 4, section 34; and Laws
1995, First Special Session chapter 2, article 1, sections 35 and 36.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
Section 1. [HIGHER EDUCATION APPROPRIATIONS.]
The sums in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or other named fund, to the agencies and for
the purposes specified in this article. The listing of an amount under the
figure "1998" or "1999" in this article indicates that the amount is
appropriated to be available for the fiscal year ending June 30, 1998, or June
30, 1999, respectively. "The first year" is fiscal year 1998. "The second year"
is fiscal year 1999. "The biennium" is fiscal years 1998 and 1999.
1998 1999 TOTAL
General $1,188,212,000 $1,195,072,000$2,383,284,000
1998 1999 TOTAL
Higher Education Services Office 126,261,000 129,926,000
256,187,000
Board of Trustees of the Minnesota
State Colleges and Universities 505,778,000 523,183,000
1,028,961,000
Board of Regents of the University of Minnesota
554,994,000 540,681,000 1,095,675,000
Mayo Medical Foundation 1,179,000 1,282,000 2,461,000
APPROPRIATIONS
Available for the Year
Ending June 30
1998 1999
Sec. 2. HIGHER EDUCATION SERVICES OFFICE
Subdivision 1. Total Appropriation 126,261,000
129,926,000
The amounts that may be spent from this appropriation for
each purpose are specified in the following subdivisions.
Subd. 2. State Grants
91,996,000 100,846,000
If the appropriation in this subdivision for either year
is insufficient, the appropriation for the other year is available for it.
The legislature intends that the higher education
services office make full grant awards in each year of the biennium.
For the biennium, the private institution tuition maximum
shall be $7,860 in the first year and $8,055 in the second year for four-year
institutions and $6,050 in the first year and $6,200 in the second year for
two-year institutions.
This appropriation contains money to set the living and
miscellaneous expense allowance at $4,305 in the first year and $4,413 in the
second year.
This appropriation includes $250,000 each year for grants
to nursing programs to recruit persons of color and to provide grants to nursing
students who are persons of color. Of this amount, $100,000 each year is for
recruitment and retention of students of color in nursing programs leading to
licensure as a registered nurse. Other than the grants to students, all grants
shall be matched with at least the same amount from grantee sources or nonstate
money.
$50,000 in the first year is nonrecurring money for the
loan repayment assistance program of Minnesota to reimburse graduates of
Minnesota law schools working as lawyers in Minnesota who meet the eligibility
criteria for loan repayment for law school debt. The eligibility criteria must
include the following: (1) recipient's annual household income is $30,000 or
less; and (2) recipient is providing legal services full time for economically
disadvantaged persons for (a) a nonprofit agency as defined by section
501(c)(3), 501(c)(4), or 501(c)(5) of the Internal Revenue Code of 1986; (b)
Native American tribal governments, court systems, and public interest
organizations; (c) public defense corporations; or (d) the state board of public
defense. The money may be released to the program only in amounts that have been
matched two to one with private money.
Subd. 3. Interstate Tuition Reciprocity
4,000,000 4,000,000
If the appropriation in this subdivision for either year
is insufficient, the appropriation for the other year is available to meet
reciprocity contract obligations.
Subd. 4. State Work Study
8,819,000 8,819,000
Subd. 5. Minitex Library Program
2,608,000 2,608,000
Subd. 6. Learning Network of Minnesota
4,424,000 4,426,000
$1,000,000 in each year is nonrecurring money for new
technology.
Subd. 7. Income Contingent Loans
The higher education services office shall administer an
income contingent loan repayment program to assist graduates of Minnesota
schools in medicine, dentistry, pharmacy, chiropractic medicine, public health,
and veterinary medicine, and Minnesota residents graduating from optometry and
osteopathy programs. Applicant data collected by the higher education services
office for this program may be disclosed to a consumer credit reporting agency
under the same conditions as apply to the supplemental loan program under
Minnesota Statutes, section 136A.162. No new applicants may be accepted after
June 30, 1995.
Subd. 8. Statewide On-line Library Information System
12,000,000 -0-
This appropriation is for implementation of the Minnesota
library information network, which shall be developed in cooperation with the
library planning task force, and shall include the development of (1) an
integrated library system that will serve the libraries of the University of
Minnesota, the Minnesota state colleges and universities system, and state
government, as well as interested public, school, private college, and
qualifying nonprofit institution libraries; and (2) a common services gateway
creating links to the integrated library system for compatible school, public,
and private nonprofit library information systems statewide. The University of
Minnesota and the Minnesota state colleges and universities shall provide
necessary staff for operation, technical support, and training. This
appropriation is nonrecurring.
Subd. 9. Edvest
-0- 6,775,000
$6,775,000 in the second year is for matching college
savings.
Subd. 10. Agency Administration
2,414,000 2,452,000
Money encumbered for youth works postservice benefits
shall not cancel but is available until the participants for whom the money was
encumbered are no longer eligible to draw benefits.
This appropriation includes money for the Minnesota
Minority Education Partnership.
The higher education advisory council and the student
advisory council shall not expire on June 30, 1997, but shall continue for the
biennium.
Subd. 11. Balances Forward
An unencumbered balance in the first year under a
subdivision in this section does not cancel but is available for the second
year.
Subd. 12. Transfers
The higher education services office may transfer
unencumbered balances from the appropriations in this section to the state grant
appropriation by reducing the assigned family responsibility and then reducing
the student share, the interstate tuition reciprocity appropriation, the child
care grant appropriation, and the state work study appropriation.
Sec. 3. BOARD OF TRUSTEES OF THE MINNESOTA STATE
COLLEGES AND UNIVERSITIES
Subdivision 1. Total Appropriation 505,778,000
525,183,000
The amounts that may be spent from this appropriation for
each purpose are specified in the following subdivisions.
Unless otherwise specified in this section, in fiscal
year 1998 each college and university is to receive its fiscal year 1997 total
allocation adjusted for enrollment changes. In addition, all instructional and
noninstructional appropriation increases are to be distributed to the colleges
and universities based on each campus' proportion of the fiscal year 1997 state
appropriation. The system shall report to the legislature on the board's
progress in developing a new allocation model by February 1, 1998.
Subd. 2. Instructional Expenditures
The legislature estimates that instructional expenditures
will be $600,516,000 in the first year and $625,875,000 in the second year for
the Minnesota state colleges and universities.
This appropriation contains money for educational
enhancements including improvements in programs, student services, advising,
library acquisitions, and class size and availability, while holding down
tuition increases.
This appropriation includes nonrecurring funding to be
directed to those campuses that are below a minimally acceptable standard in
instructional technology and equipment. The appropriation also includes
recurring funds, to be distributed as provided in subdivision 1, for
improvements in instructional technology and equipment which is used for the
benefit of faculty and students on campus.
This appropriation contains nonrecurring money to develop
and implement a common student information system and central data management
system, and to upgrade the management information systems network.
This appropriation contains money for grants to develop
courses that can be delivered through the Virtual University. Grant recipients
shall match this appropriation by an equal amount of money from existing or
nonstate resources.
The board shall implement a program for the preparation
and certification of bilingual interpreters and translators skilled in English
and other languages. The board shall accomplish the implementation in
cooperation with the University of Minnesota, which shall provide necessary
technical assistance.
In the process of converting to semesters, the system and
campuses shall develop and incorporate mechanisms to improve credit transfer as
they redesign curriculum.
A campus student association shall not hold a referendum
to determine statewide affiliation before May 1, 1998, or before the statewide
student associations for the community colleges and technical colleges vote to
consolidate, whichever is sooner.
Subd. 3. Noninstructional Expenditures
The legislature estimates that noninstructional
expenditures will be $43,843,000 in the first year and $43,741,000 in the second
year for the Minnesota state colleges and universities.
This appropriation contains money for development and
implementation of the Minnesota career and education planning system in
partnership with the University of Minnesota, the department of children,
families, and learning, and the Minnesota office of technology. System
maintenance and operation costs must be paid by participating agencies and
institutions.
$150,000 in the first year is to establish pilot programs
at one community college, one technical college, and one consolidated community
technical college to expand the child care offerings on campus to include infant
care. To be chosen by the board to receive a grant, a campus must demonstrate
that (1) it has an exemplary child care program, (2) there is demand for infant
care on campus, and (3) it has the physical and financial capacity to sustain an
infant care program after the pilot grant has expired. The board shall provide
an evaluation of the pilot programs and its recommendations on expanding infant
care to other campuses to the education committees of the legislature as part of
its 2000-2001 biennial budget request.
The percentage of debt service assessed to the campus for
capital projects not recommended by the board may not be higher than for those
projects recommended by the board.
$204,000 the first year and $99,000 the second year are
for debt service payments.
$150,000 each year is for southwest Asia veterans tuition
relief.
Sec. 4. BOARD OF REGENTS OF THE UNIVERSITY OF
MINNESOTA
Subdivision 1. Total Appropriation 554,994,000
540,681,000
The amounts that may be spent from this appropriation for
each purpose are specified in the following subdivisions.
Subd. 2. Operations and Maintenance 474,905,000
476,692,000
(a) Instructional Expenditures
The legislature estimates that instructional expenditures
will be $387,192,000 in the first year and $394,135,000 in the second year for
the University of Minnesota.
This appropriation contains money for grants to develop
courses that can be delivered through the Virtual University. Grant recipients
shall match this appropriation by an equal amount of money from existing or
nonstate resources.
(b) Noninstructional Expenditures
The legislature estimates that noninstructional
expenditures will be $183,783,000 in the first year and $180,350,000 in the
second year for the University of Minnesota.
$3,000,000 in the first year is for a portion of the
funding necessary to predesign, design, construct, and equip a new recreation
facility at the Minneapolis campus, including an ice sheet for use by the
women's athletic program. The board of regents must return $1,000,000 of this
appropriation to the general fund, payable in two installments of $500,000 on
June 30, 1998, and June 30, 1999.
This appropriation contains money for the development and
implementation of the Minnesota career and education planning system in
partnership with the Minnesota state colleges and universities, the department
of children, families, and learning, and the Minnesota office of technology.
System maintenance and operation costs must be paid by participating agencies
and institutions.
$250,000 in the first year is for the academic health
center to provide research grants of up to $20,000 to faculty. These grants
shall be given to provide developmental support for projects that have a strong
potential for future funding from outside sources.
This appropriation contains nonrecurring money for
administrative process redesign.
$1,600,000 in nonrecurring funds in the first year is to
honor the first woman elected from Minnesota to the United States congress by
endowing the Coya Knutson chair in political science.
Subd. 3. Special Appropriation 80,089,000 63,989,000
The amounts expended for each program in the four
categories of special appropriations shall be separately identified in the 1999
biennial budget document.
(a) Agriculture and Extension Service
48,297,000 47,297,000
This appropriation is for the Agricultural Experiment
Station and Minnesota Extension Service.
Any salary increases granted by the university to
personnel paid from the Minnesota Extension appropriation must not result in a
reduction of the county portion of the salary payments.
During the biennium, the university shall maintain an
advisory council system for each experiment station. The advisory councils must
be broadly representative of range of size and income distribution of farms and
agribusinesses and must not disproportionately represent those from the upper
half of the size and income distributions.
$1,000,000 in the first year is for agricultural
education. Of this amount $600,000 is for the Minnesota agriculture leadership
council including $200,000 for grants. $400,000 is for the university to improve
recruitment and collaborative efforts at the college of agriculture, food, and
environmental science. Appropriations in this paragraph are nonrecurring.
(b) Health Sciences
19,682,000 4,742,000
This appropriation is for Indigent Patients (County
Papers), Rural Physicians Associates Program, the Veterinary Diagnostic
Laboratory, Health Sciences Research, and dental care.
This appropriation contains money for curriculum redesign
and technology, technology transfer, research and public service, and the
biomedical engineering center endowment. Appropriations for these purposes are
nonrecurring.
(c) Institute of Technology
1,552,000 1,552,000
This appropriation is for the Geological Survey and the
Talented Youth Mathematics Program.
(d) System Specials
10,558,000 10,398,000
This appropriation is for General Research, Student Loans
Matching Money, women's athletics, Industrial Relations Education, Natural
Resources Research Institute, Center for Urban and Regional Affairs, Bell Museum
of Natural History, and the Humphrey Exhibit. The appropriation also contains
money for the Carlson school initiative.
This appropriation includes money to improve the programs
and resources available to women and to assist campuses to comply with Title IX
of the Education Amendments of 1972 and Minnesota Statutes, section 126.21. Of
this appropriation, no less than the following amounts must be allocated to each
campus:
Duluth $551,600 $551,600
Morris $ 66,100 $ 66,100
Crookston $ 65,000 $ 65,000
By February 15 of each year, the University shall report
to the higher education divisions of the legislature on its efforts to improve
opportunities for female athletes consistent with Title IX.
Sec. 5. MAYO MEDICAL FOUNDATION
Subdivision 1. Total Appropriation 1,179,000 1,282,000
The amounts that may be spent from this appropriation for
each purpose are specified in the following subdivisions.
Subd. 2. Medical School
441,000 455,000
The state of Minnesota shall pay a capitation of $11,042
in the first year and $11,378 in the second year for each student who is a
resident of Minnesota. The appropriation may be transferred between years of the
biennium to accommodate enrollment fluctuations.
The legislature intends that during the biennium the Mayo
foundation use the capitation money to increase the number of doctors practicing
in rural areas in need of doctors.
Subd. 3. Family Practice and Graduate Residency Program
408,000 467,000
The state of Minnesota provides a capitation of $15,107
in the first year and $15,560 in the second year year for each student.
Subd. 4. St. Cloud Hospital-Mayo Family Practice
Residency Program
330,000 360,000
This appropriation is to the Mayo foundation to support
12 resident physicians in the St. Cloud Hospital-Mayo Family Practice Residency
Program. This appropriation is contingent upon $950,000 in matching money being
made available from nonstate sources. The program shall prepare doctors to
practice primary care medicine in rural areas of the state. It is intended that
this program will improve health care in rural communities, provide affordable
access to appropriate medical care, and manage the treatment of patients in a
more cost-effective manner.
Sec. 6. POST-SECONDARY SYSTEMS
The legislature intends that the University of Minnesota
and the Minnesota state colleges and universities correct technical college
credit transfer problems. The systems, in conjunction with their campuses and
with faculty and student representatives, shall convene faculty task forces in
appropriate curricular areas to determine, within sound academic standards,
which technical college courses shall transfer to academic institutions and
whether each course is accepted for general education, major field, or elective
credit. The task forces shall complete their work in time to implement changes
for the 1998-1999 academic year. The systems shall develop mechanisms for
assessing the success of the changes after they have been implemented and shall
determine whether this process should be used to update the entire transfer
curriculum, particularly in light of semester conversion. The systems shall
report on their progress and recommendations for any further action as part of
the 2000-2001 biennial budget request.
The board of regents of the University of Minnesota and
the board of trustees of the Minnesota state colleges and universities shall
consult throughout their biennial planning process, as provided in Minnesota
Statutes, section 135A.06, in order to improve the coordination and
delivery of higher education services. In addition, the
board of trustees and the board of regents shall jointly prepare and submit a
metropolitan higher education plan to the higher education divisions of the
legislature by February 1, 1998. The private colleges are encouraged to
participate in the planning processes.
By February 15, 1998, Minnesota state colleges and
universities and the University of Minnesota shall each report to the higher
education divisions of the legislature their recommendations on the feasibility
of managing their portions of state grant funds and the methodology they would
use to distribute the funds.
During the biennium, a college or university that
establishes a lab school shall report to its governing board and the higher
education divisions of the legislature by February 1, 1999, on all direct and
indirect expenditures related to the establishment and operation of the school.
The report shall include documentation of all sources of funding for these
expenses.
Section 1. [16A.645] [GOPHER STATE BONDS.]
Subdivision 1. [ESTABLISHMENT
OF PROGRAM.] The commissioner of finance, in consultation
with the University of Minnesota, the Minnesota state colleges and universities,
and the private college council, shall establish a college savings bond program,
to be known as "gopher state bonds" to encourage individuals to save for higher
education costs by investing in state general obligation bonds. The program
consists of: (1) issuing a portion of the state general obligation bonds in zero
coupon form and in denominations and maturities that will be attractive to
individuals saving to pay for higher education costs; and (2) developing a
program for marketing the bonds to investors who are saving to pay for higher
education costs. The commissioner of finance may designate all or a portion of
each state general obligation bond sale as "gopher state bonds."
Subd. 2. [DENOMINATIONS;
MATURITIES.] The commissioner shall determine the
appropriate denominations and maturities for gopher state bonds. It is the
intent of the legislature to make bonds available in as small denominations as
is feasible given the costs of marketing and administering the bond issue.
Minimum denominations of $500 must be made available. The minimum denomination
bonds need not be made available for bonds of all maturities. For purposes of
this section, "denomination" means the compounded maturity amount of the
bond.
Subd. 3. [DIRECT SALE
PERMITTED.] Notwithstanding the provisions of section
16A.646, subdivision 5, the commissioner may sell any series of gopher state
bonds directly to the public or to financial institutions for prompt resale to
the public upon the terms and conditions and the restrictions the commissioner
prescribes. The commissioner may enter into all contracts deemed necessary or
desirable to accomplish the sale in a cost-effective manner including a private
or negotiated sale, but the commissioner may contract for investment banking and
banking services only after receiving competitive proposals for the
services.
Subd. 4. [MARKETING PLAN.] The commissioner and the higher education advisory council
shall develop a plan for marketing gopher state bonds.
The plan must include strategies
to:
(1) inform parents and relatives
about the availability of the bonds;
(2) take orders for the bonds;
(3) target the sale of the bonds
to Minnesota residents, especially parents and relatives of children who are
likely to seek higher education;
(4) ensure that purchase of the
bonds by corporations will not prevent individuals and relatives of future
students from buying them; and
(5) market the bonds at the lowest
cost to the state.
Subd. 5. [EFFECT ON STUDENT
GRANTS.] The first $25,000 of gopher state bonds
purchased for the benefit of a student must not be considered in determining the
financial need of an applicant for the state grant program under section
136A.121. This $25,000 is in addition to any other asset exclusion authorized
under chapter 136A.
Sec. 2. [16A.646] [ZERO COUPON BONDS.]
Subdivision 1. [AUTHORITY TO
ISSUE.] When authorized by law to issue state general
obligation bonds, the commissioner may issue all or part of the bonds as serial
maturity bonds or as zero coupon bonds or a combination of the two.
Subd. 2. [DEFINITIONS.] For purposes of this section and section 16A.645, the
following terms have the meanings given them.
(a) "Compounded maturity" means
the amount of principal and interest payable at maturity on zero coupon
bonds.
(b) "Serial maturity bonds" means
bonds maturing on a specified day in two or more consecutive years and bearing
interest at a specified rate payable periodically to maturity or prior
redemption.
(c) "Zero coupon bonds" means
bonds in a stated principal amount, maturing on a specified date or dates, and
bearing interest that accrues and compounds to and is payable only at maturity
or upon prior redemption of the bonds.
Subd. 3. [METHOD OF SALE;
PRINCIPAL AMOUNT.] Except as otherwise provided by this
section or section 16A.645, any series of bonds including zero coupon bonds must
be issued and sold under the provisions of section 16A.641. The stated principal
amount of zero coupon bonds must be used to determine the principal amount of
bonds issued under the laws authorizing issuance of state general obligation
bonds.
Subd. 4. [SINKING FUND.] The commissioner's order authorizing the issuance of zero
coupon bonds shall establish a separate sinking fund account for the zero coupon
bonds in the state bond fund. There is annually appropriated from the general
fund to each zero coupon bond account, beginning in the year in which the zero
coupon bonds are issued, an amount not less than the sum of:
(1) the total stated principal
amount of the zero coupon bonds that would have matured from their date of issue
to and including the second July 1 following the transfer of appropriated money,
if the bonds matured serially in an equal principal amount in each year during
their term and in the same month as their stated maturity date; plus
(2) the total amount of interest
accruing on the stated principal amount of the bonds and on interest previously
accrued, from bonds date of issue to and including the second July 1 following
the transfer of appropriated money; less
(3) the amount in the sinking fund
account for the payment of the compounded maturity amount of the bonds,
including interest earnings on amounts in the account. This appropriation is in
lieu of all other appropriations made with respect to zero coupon bonds. The
appropriated amounts must be transferred from the general fund to the sinking
fund account in the state bond fund by December 1 of each year.
Subd. 5. [SALE.] Except as otherwise provided in section 16A.645, zero coupon
bonds, or a series of bonds including zero coupon bonds, must be sold at public
sale at a price not less than 98 percent of their stated principal amount. No
state trunk highway bond may be sold for a price of less than par and accrued
interest.
Sec. 3. Minnesota Statutes 1996, section 136A.101, is
amended by adding a subdivision to read:
Subd. 5a. [ASSIGNED FAMILY
RESPONSIBILITY.] "Assigned family responsibility" means
the amount of a family contribution to a student's cost of attendance, as
determined by a federal need analysis, except that up to $25,000 in savings and
other assets shall be subtracted from the federal calculation of net worth
before determining the contribution. For dependent students, the assigned family
responsibility is the parental contribution minus any savings adjustment; for
independent students, the assigned family responsibility is the student
contribution minus any savings adjustment.
Sec. 4. Minnesota Statutes 1996, section 136A.121,
subdivision 5, is amended to read:
Subd. 5. [GRANT STIPENDS.] The grant stipend shall be
based on a sharing of responsibility for covering the recognized cost of
attendance by the applicant, the applicant's family, and the government. The
amount of a financial stipend must not exceed a grant applicant's recognized
cost of attendance, as defined in subdivision 6, after deducting the following:
(1) the assigned student responsibility of at least 50
percent of the cost of attending the institution of the applicant's choosing;
(2) the assigned family responsibility (3) the amount of a federal Pell grant award for which
the grant applicant is eligible.
The minimum financial stipend is $300 per academic year.
Sec. 5. Minnesota Statutes 1996, section 136A.121,
subdivision 9a, is amended to read:
Subd. 9a. [FULL-YEAR GRANTS.] Students may receive state
grants for four consecutive quarters or three consecutive semesters during the
course of a single fiscal year. In calculating a state grant for the fourth
quarter or third semester, the office must use the same calculation as it would
for any other term Sec. 6. Minnesota Statutes 1996, section 136A.125,
subdivision 4, is amended to read:
Subd. 4. [AMOUNT AND LENGTH OF GRANTS.] The amount of a
child care grant must be based on:
(1) the income of the applicant and the applicant's
spouse, if any;
(2) the number in the applicant's family, as defined by
the office; and
(3) the number of eligible children in the applicant's
family.
The maximum award to the applicant shall be Sec. 7. Minnesota Statutes 1996, section 136A.1355, is
amended to read:
136A.1355 [RURAL PHYSICIANS.]
Subdivision 1. [CREATION OF ACCOUNT.] A rural physician
education account is established in the health care access fund. The Subd. 2. [ELIGIBILITY.] To be eligible to participate in
the program, a prospective physician must submit a letter of interest to the Subd. 3. [LOAN FORGIVENESS.] For each fiscal Subd. 4. [PENALTY FOR NONFULFILLMENT.] If a participant
does not fulfill the required three-year minimum commitment of service in a
designated rural area, the Subd. 5. [LOAN FORGIVENESS; UNDERSERVED URBAN
COMMUNITIES.] For each fiscal Sec. 8. Minnesota Statutes 1996, section 136A.136,
subdivision 2, is amended to read:
Subd. 2. [RESPONSIBILITY OF METROPOLITAN HEALTHCARE
FOUNDATION'S PROJECT LINC.] The metropolitan healthcare foundation's project
LINC shall administer the grant program and award grants to eligible health care
facility employees. To be eligible to receive a grant, a person must be:
(1) an employee of a health care facility located in
Minnesota, whom the facility has recommended to the metropolitan healthcare
foundation's project LINC for consideration;
(2) working (3) enrolled full time in a Minnesota school or college
of nursing to complete a baccalaureate or master's degree in nursing; and
(4) a resident of the state of Minnesota.
The grant must be awarded for one academic year but is
renewable for a maximum of six semesters or nine quarters of full-time study, or
their equivalent. The grant must be used for tuition, fees, and books. Priority
in awarding grants shall be given to persons with the greatest financial need.
The health care facility may require its employee to commit to a reasonable
postprogram completion of employment at the health care facility as a condition
for the financial support the facility provides.
Sec. 9. Minnesota Statutes 1996, section 136A.233,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] For purposes of sections 136A.231
to 136A.233, the words defined in this subdivision have the meanings ascribed to
them.
(a) "Eligible student" means a Minnesota resident
enrolled or intending to enroll at least half time in a degree, diploma, or
certificate program in a Minnesota post-secondary institution.
(b) "Minnesota resident" means a student who meets the
conditions in section 136A.101, subdivision 8.
(c) "Financial need" means the need for financial
assistance in order to attend a post-secondary institution as determined by a
post-secondary institution according to guidelines established by the higher
education services office.
(d) "Eligible employer" means any eligible post-secondary
institution (e) "Eligible post-secondary institution" means any
post-secondary institution eligible for participation in the Minnesota state
grant program as specified in section 136A.101, subdivision 4.
(f) "Independent student" has the meaning given it in the
Higher Education Act of 1965, United States Code, title 20, section 1070a-6, and
applicable regulations.
(g) "Half-time" for undergraduates has the meaning given
in section 136A.101, subdivision 7b, and for graduate students is defined by the
institution.
Sec. 10. Minnesota Statutes 1996, section 136A.233,
subdivision 3, is amended to read:
Subd. 3. [PAYMENTS.] Work-study payments shall be made to
eligible students by post-secondary institutions as provided in this
subdivision.
(a) Students shall be selected for participation in the
program by the post-secondary institution on the basis of student financial
need.
(b) In selecting students for participation, priority
must be given to students enrolled for at least 12 credits.
(c) Students will be paid for hours actually worked and
the maximum hourly rate of pay shall not exceed the maximum hourly rate of pay
permitted under the federal college work-study program.
(d) Minimum pay rates will be determined by an applicable
federal or state law.
(e) The office shall annually establish a minimum
percentage rate of student compensation to be paid by an eligible employer.
(f) Each post-secondary institution receiving money for
state work-study grants shall make a reasonable effort to place work-study
students in employment with eligible employers outside the institution. However,
a public employer other than the institution may not terminate, lay off, or
reduce the working hours of a permanent employee for the purpose of hiring a
work-study student, or replace a permanent employee who is on layoff from the
same or substantially the same job by hiring a work-study student.
(g) The percent of the institution's work-study
allocation provided to graduate students shall not exceed the percent of
graduate student enrollment at the participating institution.
(h) No more than 20 percent of an
institution's allocation may be used for student internships with private,
for-profit employers.
Sec. 11. Minnesota Statutes 1996, section 136A.233, is
amended by adding a subdivision to read:
Subd. 4. [COOPERATION WITH
LOCAL SCHOOLS.] Each campus using the state work study
program is encouraged to cooperate with its local public elementary and
secondary schools to place college work study students in activities in the
schools, such as tutoring. Students must be placed in meaningful activities that
directly assist students in kindergarten through grade 12 in meeting graduation
standards including the profiles of learning. College students shall work under
direct supervision; therefore, school hiring authorities are not required to
request criminal background checks on these students under section 120.1045.
Sec. 12. [136A.90] [EDVEST PROGRAM ESTABLISHED.]
An Edvest savings program is
established. In establishing this program, the legislature seeks to encourage
individuals to save for post-secondary education by:
(1) providing a qualified state
tuition program under federal tax law;
(2) providing matching grants for
contributions to the program; and
(3) encouraging individuals,
foundations, and businesses to provide additional grants to participating
students.
Sec. 13. [136A.91] [DEFINITIONS.]
Subdivision 1. [GENERAL.] For purposes of sections 136A.90 to 136A.94, the following
terms have the meanings given.
Subd. 2. [BENEFICIARY.] "Beneficiary" means the designated beneficiary for the
account, as defined in section 529(e)(1) of the Internal Revenue Code.
Subd. 3. [BOARD.] "Board" means the state board of investment.
Subd. 4. [EXECUTIVE DIRECTOR.]
"Executive director" means the executive director of the
state board of investment.
Subd. 5. [INTERNAL REVENUE
CODE.] "Internal Revenue Code" means the Internal Revenue
Code of 1986, as amended.
Subd. 6. [OFFICE.] "Office" means the higher education services office.
Subd. 7. [PROGRAM OR EDVEST.]
"Program" or "Edvest" refers to the program established
under section 136A.90.
Sec. 14. [136A.92] [HIGHER EDUCATION SERVICES OFFICE'S
RESPONSIBILITIES.]
Subdivision 1. [ESTABLISH
TERMS.] (a) The office shall establish the rules, terms,
and conditions for the program, subject to the requirements of sections 136A.90
to 136A.94.
(b) The office shall prescribe the
application forms, procedures, and other requirements that apply to the
program.
Subd. 2. [ACCOUNTS TYPE
PROGRAM.] The office must establish the program and the
program must be operated as an accounts type program that permits individuals to
save for qualified higher education costs incurred at any institution,
regardless of whether it is private or public or whether it is located within or
outside of this state. A separate account must be maintained for each
beneficiary for whom contributions are made.
Subd. 3. [CONSULTATION WITH
STATE BOARD OF INVESTMENT.] In designing and establishing
the program's requirements and in negotiating or entering contracts with third
parties under subdivision 8, the office shall consult with the executive
director.
Subd. 4. [PROGRAM TO COMPLY
WITH FEDERAL LAW.] The office shall take steps to ensure
that the program meets the requirements for a qualified state tuition program
under section 529 of the Internal Revenue Code. The office may request a private
letter ruling or rulings from the Internal Revenue Service or take any other
steps to ensure that the program qualifies under section 529 of the Internal
Revenue Code or other relevant provisions of federal law.
Subd. 5. [MINIMUM PENALTY.] In establishing the terms of the program, the office must
provide that refunds of amounts in an account are subject to a minimum penalty,
as required by section 529(b)(3) of the Internal Revenue Code. If the refunds or
payments are not used for qualified higher education expenses of the designated
beneficiary, this penalty must equal, at least, the proportionate amount of any
matching grants deposited in the account under section 136A.94 and the
investment return on the grants, plus an additional penalty that meets the
requirement of federal law.
Subd. 6. [THREE-YEAR PERIOD
FOR WITHDRAWAL OF GRANTS.] A matching grant deposited in
the account under section 136A.94 may not be withdrawn within three years of the
establishment of the account of the beneficiary. In calculating the three-year
period, the period held in another account is included, if the account includes
a rollover from another account under section 529(c)(3)(C) of the Internal
Revenue Code.
Subd. 7. [MARKETING.] The office shall make parents and other interested
individuals aware of the availability and advantages of the program as a way to
save for higher education costs. The cost of these promotional efforts must be
paid entirely from state general fund appropriations and may not be funded with
fees imposed on participants.
Subd. 8. [ADMINISTRATION.] The office shall administer the program, including accepting
and processing applications, maintaining account records, making payments,
making matching grants under section 136A.94, and undertaking any other
necessary tasks to administer the program. The office may contract with one or
more third parties to carry out some or all of these administrative duties,
including promotion and marketing of the program. The office and the board may
jointly contract with third-party providers, if the office and board determine
that it is desirable to contract with the same entity or entities for
administration and investment management.
Subd. 9. [EFFECT ON STUDENT
GRANTS.] The first $25,000 of the amount in an account
under the program must not be considered in determining the financial aid of an
applicant for the state grant program under section 136A.121.
Subd. 10. [AUTHORITY TO IMPOSE
FEES.] The office may impose fees on participants in the
program to recover the costs of administration. The office must use its best
efforts to keep these fees as low as possible, consistent with efficient
administration, so that the returns on savings invested in the program will be
as high as possible.
Sec. 15. [136A.93] [INVESTMENT OF ACCOUNTS.]
Subdivision 1. [STATE BOARD TO
INVEST.] The state board of investment shall invest the
money deposited in accounts in the program.
Subd. 2. [PERMITTED
INVESTMENTS.] The board may invest the accounts in any
permitted investment under section 11A.24. The legislature intends that each
account be invested in a mix of investments that is appropriate to the number of
years remaining before the funds will be withdrawn, if this is feasible given
the costs and any other relevant factors.
Subd. 3. [CONTRACTING
AUTHORITY.] The board may contract with one or more third
parties for investment management, recordkeeping, or other services in
connection with investing the accounts. The board and office may jointly
contract with third-party providers, if the office and board determine that it
is desirable to contract with the same entity or entities for administration and
investment management.
Subd. 4. [FEES.] The board may impose fees on participants in the program to
recover the cost of investment management and related tasks for the program. The
board must use its best efforts to keep these fees as low as possible,
consistent with high quality investment management, so that the returns on
savings invested in the program will be as high as possible.
Sec. 16. [136A.94] [MATCHING GRANTS.]
Subdivision 1. [MATCHING GRANT
QUALIFICATION.] By March 1 of each year, a state matching
grant must be added to each account established under the program if the
following conditions are met:
(1) the contributor applies, in
writing in a form prescribed by the office, for a matching grant;
(2) a minimum contribution of $200
was made during the preceding calendar year; and
(3) the contributor did not make,
and agrees not to make, a contribution during the year to any higher education
trust under chapter 290.
Subd. 2. [AMOUNT OF MATCHING
GRANT.] The amount of the matching grant for a
beneficiary equals 15 percent of the sum of the contributions made to the
beneficiary's account during the calendar year, not to exceed $300.
Subd. 3. [BUDGET LIMIT.] If the amount of matching grants determined under
subdivision 2 exceed the amount of the appropriation for the fiscal year, the
office shall proportionately reduce each grant so that the total equals the
available appropriation.
Subd. 4. [PRIVATE
CONTRIBUTIONS.] (a) The office may solicit and accept
contributions from private corporations, other businesses, foundations, or
individuals to provide:
(1) matching grants under this
section in addition to those funded with direct appropriations; or
(2) grants to students who
withdraw money from accounts established under the program.
(b) Amounts contributed may only
be used for those purposes. Amounts contributed are appropriated to the office
to make grants.
(c) Contributors may designate a
specific field of study, geographic area, or other criteria that govern use of
the grants funded with their contributions, but may not discriminate on the
basis of race, ethnicity, or gender. The office may refuse contributions that
are subject, in its judgment, to unacceptable conditions on their use.
Sec. 17. Minnesota Statutes 1996, section 181.06,
subdivision 2, is amended to read:
Subd. 2. [PAYROLL DEDUCTIONS.] A written contract may be
entered into between an employer and an employee wherein the employee authorizes
the employer to make payroll deductions for the purpose of paying union dues,
premiums of any life insurance, hospitalization and surgical insurance, group
accident and health insurance, group term life insurance, group annuities or
contributions to credit unions or a community chest fund, a local arts council,
a local science council or a local arts and science council, or Minnesota
benefit association, a federally or state registered political action committee,
or participation in any employee stock purchase plan or savings plan for periods
longer than 60 days, including gopher state bonds
established under section 16A.645.
Sec. 18. [REVISOR'S INSTRUCTION.]
The revisor of statutes shall
renumber Minnesota Statutes, section 136A.1355, in an appropriate place in
Minnesota Statutes, chapter 144.
Sec. 19. [EFFECTIVE DATE.]
Section 5 is effective the day
following final enactment. Section 16 is effective January 1, 1998.
Section 1. Minnesota Statutes 1996, section 16A.69,
subdivision 2, is amended to read:
Subd. 2. [TRANSFER BETWEEN ACCOUNTS.] Upon the awarding
of final contracts for the completion of a project for construction or other
permanent improvement, or upon the abandonment of the project, the agency to
whom the appropriation was made may transfer the unencumbered balance in the
project account to another project enumerated in the same section of that
appropriation act. The transfer must be made only to cover bids for the other
project that were higher than was estimated when the appropriation for the other
project was made and not to cover an expansion of the other project. The money
transferred under this section is appropriated for the purposes for which
transferred. For transfers for technical colleges by
the Sec. 2. [41D.01] [MINNESOTA AGRICULTURE EDUCATION
LEADERSHIP COUNCIL.]
Subdivision 1. [ESTABLISHMENT;
MEMBERSHIP.] The Minnesota agriculture education
leadership council is established. The council is composed of 17 members as
follows:
(1) the chair of the senate
committee on agriculture and rural development or the chair's designee;
(2) the chair of the house
committee on agriculture or the chair's designee;
(3) the ranking minority caucus
member of the senate committee on agriculture and rural development or the
member's designee;
(4) the ranking minority caucus
member of the house agriculture committee or the member's designee;
(5) a member of the senate
children, families, and learning committee designated by the chair of the
committee;
(6) a member of the house
education committee designated by the chair of the committee;
(7) the chair of the University of
Minnesota agricultural education program;
(8) the supervisor of secondary
agricultural education for the department of children, families, and
learning;
(9) the director of management
education for the board of trustees of the Minnesota state colleges and
universities;
(10) the president and the
president-elect of the Minnesota vocational agriculture instructors
association;
(11) a representative of the
Future Farmers of America Foundation designated by the leadership of the
organization;
(12) the commissioner of
agriculture or the commissioner's designee;
(13) a representative of
agriculture education appointed by the chair of the senate committee on
agriculture and rural development;
(14) a representative of
agricultural business appointed by the ranking minority caucus member of the
senate committee on agriculture and rural development;
(15) a representative of
agriculture education appointed by the chair of the house committee on
agriculture; and
(16) a representative of
agricultural business appointed by the ranking minority caucus member of the
house committee on agriculture.
Subd. 2. [POWERS AND DUTIES.]
Specific powers and duties of the council are to:
(1) develop recommendations to the
legislature and the governor and provide review for agriculture education
programs in Minnesota;
(2) establish a grant program to
foster and encourage the development of secondary and post-secondary agriculture
education programs;
(3) coordinate and articulate
Minnesota's agriculture education policy across all programs and
institutions;
(4) identify the critical needs
for agriculture educators;
(5) serve as a link between the
agribusiness sector and the agriculture education system to communicate mutual
concerns, needs, and projections;
(6) establish and maintain an
increased awareness of agriculture education and its continued need to all
citizens of Minnesota;
(7) operate the Minnesota center
for agriculture education created in section 41D.03;
(8) gain broad public support for
agriculture education in Minnesota; and
(9) report annually on its
activities to the senate agriculture and rural development committee and the
house agriculture committee.
Subd. 3. [COUNCIL OFFICERS;
TERMS AND COMPENSATION OF APPOINTEES; STAFF.] (a) The
chair of the senate agriculture and rural development committee and the chair of
the house agriculture committee are the cochairs of the council.
(b) The council's membership
terms, compensation, filling of vacancies, and removal of members are as
provided in section 15.0575.
(c) The council may employ an
executive director and any other staff to carry out its functions.
Subd. 4. [EXPIRATION.] This section expires on June 30, 2002.
Sec. 3. [41D.02] [AGRICULTURE EDUCATION GRANT PROGRAM.]
Subdivision 1.
[ESTABLISHMENT.] The Minnesota agriculture education
leadership council shall establish a program to provide grants under
subdivisions 2 and 3 to educational institutions and other appropriate entities
for secondary and post-secondary agriculture education programs.
Subd. 2. [SECONDARY
AGRICULTURAL EDUCATION.] The council may provide grants
for:
(1) planning and establishment
costs for secondary agriculture education programs;
(2) new instructional and
communication technologies; and
(3) curriculum updates.
Subd. 3. [POST-SECONDARY
EDUCATION.] The council may provide grants for:
(1) new instructional and
communication technologies; and
(2) special project funding,
including programming, in-service training, and support staff.
Sec. 4. [41D.03] [MINNESOTA CENTER FOR AGRICULTURE
EDUCATION.]
Subdivision 1. [GOVERNANCE.]
The Minnesota center for agriculture education is
governed by the Minnesota agriculture education leadership council.
Subd. 2. [POWERS AND DUTIES OF
COUNCIL.] (a) The council has the powers necessary for
the care, management, and control of the Minnesota center for agriculture
education and all its real and personal property. The powers shall include, but
are not limited to, those listed in this subdivision.
(b) The council may employ
necessary employees, and contract for other services to ensure the efficient
operation of the center for agriculture education.
(c) The council may receive and
award grants. The council may establish a charitable foundation and accept, in
trust or otherwise, any gift, grant, bequest, or devise for educational purposes
and hold, manage, invest, and dispose of them and the proceeds and income of
them according to the terms and conditions of the gift, grant, bequest, or
devise and its acceptance. The council shall adopt internal procedures to
administer and monitor aids and grants.
(d) The council may establish or
coordinate evening, continuing education, and summer programs for teachers and
pupils.
(e) The council may determine the
location for the Minnesota center for agriculture education and any additional
facilities related to the center, including the authority to lease a temporary
facility.
(f) The council may enter into
contracts with other public and private agencies and institutions for building
maintenance services if it determines that these services could be provided more
efficiently and less expensively by a contractor than by the council itself. The
council may also enter into contracts with public or private agencies and
institutions, school districts or combinations of school districts, or
educational cooperative service units to provide supplemental educational
instruction and services.
Subd. 3. [CENTER ACCOUNT.] There is established in the state treasury a center for
agriculture education account in the special revenue fund. All money collected
by the council, including rental income, shall be deposited in the account.
Money in the account, including interest earned, is appropriated to the council
for the operation of its services and programs.
Subd. 4. [EMPLOYEES.] (a) The council shall employ persons who shall serve in the
unclassified service.
(b) The employees hired under this
subdivision and any other necessary employees hired by the council shall be
state employees in the executive branch.
Subd. 5. [POLICIES.] The council may adopt administrative policies about the
operation of the center.
Subd. 6. [PUBLIC
POST-SECONDARY INSTITUTIONS; PROVIDING SPACE.] Public
post-secondary institutions shall provide space for the Minnesota center for
agriculture education at a reasonable cost to the center to the extent that
space is available at the public post-secondary institutions.
Subd. 7. [PURCHASING
INSTRUCTIONAL ITEMS.] Technical educational equipment may
be procured for programs of the Minnesota center for agriculture education by
the council either by brand designation or in accordance with standards and
specifications the council may adopt, notwithstanding chapter 16B.
Sec. 5. [41D.04] [RESOURCE, MAGNET, AND OUTREACH
PROGRAMS.]
Subdivision 1. [RESOURCE AND
OUTREACH.] The center shall offer resource and outreach
programs and services statewide aimed at the enhancement of agriculture
education opportunities for pupils in elementary and secondary school.
Subd. 2. [CENTER
RESPONSIBILITIES.] The center shall:
(1) provide information and
technical services to agriculture teachers, professional agriculture
organizations, school districts, and the department of children, families, and
learning;
(2) gather and conduct research in
agriculture education;
(3) design and promote agriculture
education opportunities for all Minnesota pupils in elementary and secondary
schools; and
(4) serve as liaison for the
department of children, families, and learning to national organizations for
agriculture education.
Sec. 6. Minnesota Statutes 1996, section 125.1385,
subdivision 2, is amended to read:
Subd. 2. [COMPENSATION.] State money for faculty exchange
programs is to compensate for expenses that are unavoidable and beyond the
normal living expenses exchange participants would incur if they were not
involved in this exchange. The Sec. 7. Minnesota Statutes 1996, section 126.56,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBLE STUDENT.] To be eligible for a
scholarship, a student shall:
(1) be a United States citizen or permanent resident of
the United States;
(2) be a resident of Minnesota;
(3) attend an eligible program;
(4) have completed at least one year of secondary school
but not have graduated from high school;
(5) have earned at least a B average or its equivalent during the semester or quarter prior
to application, or have earned at least a B average or
its equivalent during the semester or quarter prior to application in the
academic subject area applicable to the summer program the student wishes to
attend; (6) demonstrate need for financial assistance; and
(7) be 19 years of age or
younger.
Sec. 8. Minnesota Statutes 1996, section 126.56,
subdivision 4a, is amended to read:
Subd. 4a. [ELIGIBLE PROGRAMS.] A scholarship may be used
only for an eligible program. To be eligible, a program must:
(1) provide, as its primary purpose, academic instruction
for student enrichment in curricular areas including, but not limited to,
communications, humanities, social studies, social science, science,
mathematics, art, or foreign languages;
(2) not be offered for credit to post-secondary students;
(3) not provide remedial instruction;
(4) meet any other program requirements established by
the (5) be approved by the Sec. 9. Minnesota Statutes 1996, section 126.56,
subdivision 7, is amended to read:
Subd. 7. [ADMINISTRATION.] The higher education services
office Sec. 10. Minnesota Statutes 1996, section 135A.052,
subdivision 1, is amended to read:
Subdivision 1. [STATEMENT OF MISSIONS.] The legislature
recognizes each type of public post-secondary (1) the technical (2) the community (3) consolidated community
technical colleges shall offer the same types of instruction, programs,
certificates, diplomas, and degrees as the technical colleges and community
colleges offer;
(4) the state It is part of the mission of each system that within the
system's resources the system's governing board and chancellor or president
shall endeavor to:
(a) prevent the waste or unnecessary spending of public
money;
(b) use innovative fiscal and human resource practices to
manage the state's resources and operate the system as efficiently as possible;
(c) coordinate the system's activities wherever
appropriate with the activities of other systems and governmental agencies;
(d) use technology where appropriate to increase system
productivity, improve customer service, increase public access to information
about the system, and increase public participation in the business of the
system;
(e) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and 179A; and
(f) recommend to the legislature appropriate changes in
law necessary to carry out the mission of the system.
Sec. 11. Minnesota Statutes 1996, section 136A.03, is
amended to read:
136A.03 [EXECUTIVE OFFICERS; EMPLOYEES.]
The director of the higher education services office
shall possess the powers and perform the duties as prescribed by the higher
education services council and shall serve in the unclassified service of the
state civil service. The director, or the director's
designated representative, on behalf of the office is authorized to sign
contracts and execute all instruments
necessary or appropriate to carry out the purposes of
sections 136A.01 to 136A.178 for the office. An officer or professional employee in the unclassified
service as provided in this section is a person who has studied higher education
or a related field at the graduate level or has similar experience and who is
qualified for a career in financial aid and other aspects of higher education
and for activities in keeping with the planning and administrative
responsibilities of the office and who is appointed to assume responsibility for
administration of educational programs or research in matters of higher
education.
Sec. 12. Minnesota Statutes 1996, section 136A.16,
subdivision 8, is amended to read:
Subd. 8. Money made available to the office that is not
immediately needed for the purposes of sections 136A.15 to 136A.1702 may be
invested by the office. The money must be invested in bonds, certificates of
indebtedness, and other fixed income securities, except preferred stocks, which
are legal investments for the permanent school fund. The money may also be
invested in prime quality commercial paper that is eligible for investment in
the state employees retirement fund. All interest and profits from such
investments inure to the benefit of the office or may be
pledged for security of bonds issued by the office or its predecessor, the
Minnesota higher education coordinating board.
Sec. 13. Minnesota Statutes 1996, section 136A.16, is
amended by adding a subdivision to read:
Subd. 14. The office may sell at
public or private sale, at the price or prices determined by the office, any
note or other instrument or obligation evidencing or securing a loan made by the
office or its predecessor, the Minnesota higher education coordinating
board.
Sec. 14. Minnesota Statutes 1996, section 136A.16, is
amended by adding a subdivision to read:
Subd. 15. The office may obtain
municipal bond insurance, letters of credit, surety obligations, or similar
agreements from financial institutions.
Sec. 15. Minnesota Statutes 1996, section 136A.171, is
amended to read:
136A.171 [REVENUE BONDS; ISSUANCE; PROCEEDS.]
The higher education services office may issue revenue
bonds to obtain funds for loans made in accordance with the provisions of this
chapter. The aggregate amount of revenue bonds, issued directly by the office,
outstanding at any one time, not including refunded bonds or otherwise defeased
or discharged bonds, shall not exceed $550,000,000. Proceeds from the issuance
of bonds may be held and invested by the office pending disbursement in the form
of loans. All interest and profits from the investments shall inure to the
benefit of the office and shall be available to the Sec. 16. Minnesota Statutes 1996, section 136A.173,
subdivision 3, is amended to read:
Subd. 3. The revenue bonds may be issued as serial bonds
or as term bonds, or the office, in its discretion, may issue bonds of both
types. The revenue bonds shall be authorized by resolution of the Sec. 17. Minnesota Statutes 1996, section 136A.29,
subdivision 9, is amended to read:
Subd. 9. The authority is authorized and empowered to
issue revenue bonds whose aggregate principal amount at any time shall not
exceed Sec. 18. Minnesota Statutes 1996, section 136F.28,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] For the purpose of this section,
the following terms have the meaning given to them:
(a) "Southwest Asia veteran"
means a person who:
(1) served in the active military service in any branch
of the armed forces of the United States any time between August 1, 1990, and
February 27, 1992;
(2) became eligible for the Southwest Asia Service Medal
as a result of the service;
(3) was a Minnesota resident at the time of induction
into the armed forces and for the one year immediately preceding induction; and
(4) has been separated or discharged from active military
service under conditions other than dishonorable.
(b) "Technical college" means a
technical college or consolidated community technical college under the
governance of the Minnesota state colleges and universities.
Sec. 19. Minnesota Statutes 1996, section 136F.30, is
amended to read:
136F.30 [COURSES AND PROGRAMS.]
The board shall review and approve or disapprove campus
proposals for adding, deleting, or substantially changing programs of study,
including graduate and undergraduate academic programs, training in
professional, semiprofessional, and technical fields, and adult education. The
board shall avoid duplicate program offerings. The board may initiate activities
to close programs. If a decision is made to eliminate a
program, a college or university shall notify students and assist them in
completing the program or in transferring to a similar program at another
campus. The board shall place a high priority on ensuring the
transferability of credit.
Sec. 20. Minnesota Statutes 1996, section 136F.32, is
amended to read:
136F.32 [DEGREES; DIPLOMAS; CERTIFICATES.]
Subdivision 1. [APPROVAL.] The
board may approve awarding of appropriate certificates, diplomas, or degrees to
persons who complete a prescribed curriculum.
Subd. 2. [TECHNICAL AND
CONSOLIDATED TECHNICAL COLLEGES.] A technical college or
consolidated technical community college shall offer students the option of
pursuing diplomas and certificates in each technical education program, unless
the board determines that this is not practicable for certain programs. All
credits earned for the diploma or certificate shall be applicable toward any
available degree in the same program.
Sec. 21. Minnesota Statutes 1996, section 136F.49, is
amended to read:
136F.49 [LICENSURE.]
The board Sec. 22. Minnesota Statutes 1996, section 136F.52, is
amended by adding a subdivision to read:
Subd. 1a. [PROGRAM ADVISORY
COMMITTEES.] Technical and consolidated colleges may have
advisory committees for each technical program. The advisory committee shall be
comprised of representatives of relevant businesses, community members, faculty,
and students. The advisory committees shall review and make recommendations to
the college and the board on proposals to reduce, substantially change, or
eliminate programs.
Sec. 23. Minnesota Statutes 1996, section 136F.581,
subdivision 2, is amended to read:
Subd. 2. [POLICIES AND PROCEDURES.] The board shall
develop policies, and each college and university shall develop procedures, for
purchases and contracts that are consistent with subdivision 1. The policies and procedures shall be developed through the
system and campus labor management committees and shall include provisions
requiring the system and campuses to determine that they cannot use available
staff before contracting with additional outside consultants or services. In
addition, each college and university, in consultation with the system office,
shall develop procedures for those purchases and contracts that can be
accomplished by a college and university without board approval. The board
policies must allow each college and university the local authority to enter
into contracts for construction projects of up to $250,000 and to make other
purchases of up to $50,000, without receiving board approval. The board may
allow a college or university local authority to make purchases over $50,000
without receiving board approval.
Sec. 24. Minnesota Statutes 1996, section 136F.80, is
amended to read:
136F.80 [GRANTS; GIFTS; BEQUESTS; DEVISES; ENDOWMENTS.]
Subdivision 1. [RECEIPT AND ACCEPTANCE.] The board may
apply for, receive, and accept on behalf of the state and for the benefit of any
state college or university any grant, gift, bequest, devise, or endowment that
any person, firm, corporation, foundation, association, or government agency may
make to the board for the purposes of the state colleges and universities. The
board may use any money given to it or to any of the state colleges and
universities consistent with the terms and conditions under which the money was
received and for the purposes stated. All moneys received are appropriated to
the board for use in the colleges and universities. These moneys shall not be
taken into account in determining appropriations or allocations and are not subject to the provisions of chapter 16A.
All taxes and special assessments constituting a lien on any real property
received and accepted by the board under this section shall be paid in full
before title is transferred to the state.
Subd. 2. [DEPOSIT OF MONEY.] The board shall provide by
policy, in accordance with provisions of chapter Sec. 25. [136F.81] [TRANSFER OF GIFTS.]
A college or university that
receives a gift or bequest that is intended for purposes performed by the
institution's foundation may transfer the money to its foundation.
Sec. 26. Minnesota Statutes 1996, section 137.022,
subdivision 2, is amended to read:
Subd. 2. [INCOME.] Sec. 27. Minnesota Statutes 1996, section 216C.27,
subdivision 7, is amended to read:
Subd. 7. [BUILDING EVALUATORS.] The commissioner shall
certify evaluators in each county of the state who are qualified to determine
the compliance of a residence with applicable energy efficiency standards. The
commissioner shall, by rule pursuant to chapter 14, adopt standards for the
certification and performance of evaluators and set a fee for the certification
of evaluators which is sufficient to cover the ongoing costs of the program once
it is established. The commissioner shall encourage the certification of
existing groups of trained municipal personnel and qualified individuals from
community-based organizations and public service organizations. Each certified
evaluator shall, on request of the owner, inspect any residence and report the
degree to which it complies with applicable energy efficiency standards
established pursuant to subdivision 1. The inspections shall be made within 30
days of the request. The commissioner shall enter into an agreement with the Sec. 28. Minnesota Statutes 1996, section 583.22,
subdivision 5, is amended to read:
Subd. 5. [DIRECTOR.] "Director" means the director of the
Sec. 29. Laws 1986, chapter 398, article 1, section 18,
as amended by Laws 1987, chapter 292, section 37; Laws 1989, chapter 350,
article 16, section 8; Laws 1990, chapter 525, section 1; Laws 1991, chapter
208, section 2; Laws 1993, First Special Session chapter 2, article 6, section
2; and Laws 1995, chapter 212, article 2, section 11, is amended to read:
Sec. 18. [REPEALER.]
Sections 1 to 17 and Minnesota Statutes, section
336.9-501, subsections (6) and (7), and sections 583.284, 583.285, 583.286, and
583.305, are repealed on July 1, Sec. 30. Laws 1995, chapter 212, article 1, section 4,
subdivision 4, is amended to read:
Subd. 4. Specials Transfer
The appropriation in subdivision 3, paragraph (b), for
Medical Research, Special Hospitals Service and Educational Offset, and the
Institute for Human Genetics; and in paragraph (c) for the Underground Space
Center, Microelectronics and Information Science Center, and the Center for
Advanced Manufacturing, Design, and Control; and in paragraph (d) for the
Fellowships for Minority and Disadvantaged Students, Sec. 31. Laws 1996, chapter 463, section 2, subdivision
6, is amended to read:
Subd. 6. Anoka Ramsey Community College
(a) Addition and Remodeling 10,430,000
Design, construct, furnish, and equip an addition and
remodel existing space to provide classrooms, a learning resource center,
computer labs, a developmental learning center, science labs, nursing and
student services facilities, offices, (b) Design and construct a replacement energy plant and
service elevator 4,510,000
Sec. 32. [BOARD AUTHORITY TO PURCHASE, SELL, TRANSFER,
LEASE, AND CONVEY CERTAIN LAND AND IMPROVEMENTS.]
Subdivision 1. [AUTHORITY.] The board of trustees may purchase, sell, transfer, lease,
and convey land and improvements described in this section, and may retain all
proceeds from the sale or lease of real estate under Minnesota Statutes, section
136F.71. The provisions of Minnesota Statutes, sections 94.09 to 94.16 and
103F.535, do not apply to real estate transactions authorized by this
section.
Subd. 2. [ST. CLOUD.] The board of trustees may purchase fee title from the
Central Minnesota Council of Boy Scouts, Inc., of approximately 1.4 acres of
land that includes an office building and that is contiguous to St. Cloud
Technical College for college operations.
Subd. 3. [INVER HILLS;
NORMANDALE LAND TRANSFERS.] (a) The board of trustees may
transfer fee title to approximately eight acres of state-owned real estate
operated by Inver Hills Community College to the city of Inver Grove Heights.
The purpose of the transfer is to provide land for the construction of a
community library at no cost to the state, the board, or Inver Hills Community
College. In the event that the property is no longer used for public purposes,
title to the land shall revert to the state. The transfer is contingent on the
board of trustees acquiring fee title to approximately eight acres of real
estate owned by the city of Inver Grove Heights, adjacent to Inver Hills
Community College, for college operations.
(b) The board of trustees may
transfer fee title to approximately 12 acres of state-owned real estate that
comprises Normandale Community College's athletic fields to the city of
Bloomington. In the event that the property is no longer used for public
purposes, title to the land shall revert to the state. The transfer is
contingent on the board acquiring fee title to approximately 12 acres of real
estate owned by the city of Bloomington, which is in the vicinity of Normandale
Community College, for college operations. The land must remain undeveloped. The
transfer must include provisions to allow the college continued use of the
fields.
Subd. 4. [WINONA, JACKSON,
MAHTOMEDI PROPERTY SALE.] (a) The board of trustees may
sell the state's interest in an aviation hangar and related land operated by the
Winona campus of Winona-Red Wing Technical College for no less than the assessed
value of the property. The sale may be by public auction, sealed bid, listing
with a real estate broker licensed under Minnesota Statutes, chapter 82, or
other means selected by the board of trustees.
(b) The board of trustees may sell
a former armory building operated by the Jackson campus of Minnesota West
Community and Technical College for no less than the assessed value of the
property. The sale may be by public auction, sealed bid, listing with a real
estate broker licensed under Minnesota Statutes, chapter 82, or other means
selected by the board of trustees.
(c) The board of trustees may sell
for $1 approximately four acres of state-owned real estate operated by Century
Community and Technical College to the city of Mahtomedi for construction of an
ice arena. In the event that the property is no longer used for city
recreational purposes, title to the land shall revert to the state.
Subd. 5. [MINNEAPOLIS
TRANSFER.] Notwithstanding the provisions of Minnesota
Statutes, chapter 94, or any other state law, if the board of trustees of the
Minnesota state colleges and universities system or the school board of special
school district No. 1, Minneapolis, ceases to use its portion of the real
property along Second Avenue North adjacent to Bassett's creek in Minneapolis
known as the transportation center for a purpose related to normal, authorized
board functions or activities, or if the board of trustees or the school board
wishes to permanently abandon, sell, or lease or otherwise transfer the control
of a material part of its portion of the real property, the board of trustees
must offer to convey its portion of the property to the school board for $1 or
the school board must offer to convey its portion of the property to the board
of trustees for $1. The board of trustees and the school board are each
authorized to convey their portion of the property upon timely acceptance of
such offer. An offer extended shall become void if not accepted in writing
within 60 days of issuance.
Subd. 6. [MANKATO STATE.] The board of trustees of the Minnesota state colleges and
universities may accept money from the Mankato State University Foundation to
construct a black box theater on the Mankato State University campus. The board
shall supervise the construction as provided in Minnesota Statutes, section
136F.64.
Subd. 7. [ST. CLOUD STATE
UNIVERSITY.] The board of trustees of the Minnesota state
colleges and universities may build a bus stop structure with some retail
services on the campus of St. Cloud State University. It is intended that no
appropriation for this specific purpose is needed or obligated by this
authorization. An operating agreement may be executed for a period of five to 25
years subject to the requirements of Minnesota Statutes, section 16B.24,
subdivision 5.
Sec. 33. [DISTINGUISHED SERVICE PROFESSOR.]
Notwithstanding any law to the
contrary, an appointment made by the state university board to the position of
distinguished service professor in effect on June 30, 1995, and the terms and
conditions of the appointment, remain in effect until terminated by the
distinguished service professor appointee or the appointee is terminated for
cause. For the purposes of this section, distinguished service professor has the
same meaning as distinguished senior fellow.
Sec. 34. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall
change the phrases "state board of technical colleges," "state board for
vocational technical education," "state board for community colleges," and
"state university board," or similar, to "board of trustees of the Minnesota
state colleges and universities" in Minnesota Statutes, sections 3.754; 16A.662,
subdivision 5; 352.01, subdivision 2b; and 354.66, subdivision 1a.
Sec. 35. [REPEALER.]
Minnesota Statutes 1996, sections
126.113; and 137.41; Laws 1995, chapter 212, article 4, section 34; and Laws
1995, First Special Session chapter 2, article 1, sections 35 and 36, are
repealed.
Section 1. Minnesota Statutes 1996, section 141.21,
subdivision 3, is amended to read:
Subd. 3. [SOLICITOR.] "Solicitor" means a person who for
a salary or for commission, acts as an agent, independent contractor,
salesperson, or counselor in Sec. 2. Minnesota Statutes 1996, section 141.21,
subdivision 5, is amended to read:
Subd. 5. [SCHOOL.] "School" means any person, within or
Sec. 3. Minnesota Statutes 1996, section 141.21,
subdivision 6, is amended to read:
Subd. 6. [COURSE Sec. 4. Minnesota Statutes 1996, section 141.21, is
amended by adding a subdivision to read:
Subd. 8. [PROGRAM.] "Program" means any course or grouping of courses that is
advertised or listed in a school's catalog, brochures, or other publications, or
for which the school grants a formal recognition.
Sec. 5. Minnesota Statutes 1996, section 141.21, is
amended by adding a subdivision to read:
Subd. 9. [DISTANCE EDUCATION
SCHOOL.] "Distance education school" means a school that
establishes, keeps, or maintains a facility or location where a program is
offered through correspondence, telecommunication, or electronic media.
Sec. 6. Minnesota Statutes 1996, section 141.22, is
amended to read:
141.22 [CITATION.]
Sections 141.21 to Sec. 7. Minnesota Statutes 1996, section 141.25,
subdivision 1, is amended to read:
Subdivision 1. [REQUIRED.] No school shall maintain,
advertise, solicit for, or conduct any Sec. 8. Minnesota Statutes 1996, section 141.25,
subdivision 2, is amended to read:
Subd. 2. [CONTRACT UNENFORCEABLE.] Any contract entered
into with any person for a Sec. 9. Minnesota Statutes 1996, section 141.25,
subdivision 3, is amended to read:
Subd. 3. [APPLICATION.] Application for a license shall
be on forms prepared and furnished by the office, and shall contain the
following and such other information as the office may require:
(10) gross income earned in the
preceding year from student tuition, fees, and other required institutional
charges, unless the school files with the office a surety bond equal to at least
$50,000 as described in subdivision 5.
Sec. 10. Minnesota Statutes 1996, section 141.25,
subdivision 5, is amended to read:
Subd. 5. [BOND.] (a) No
license shall be issued to any school which maintains, conducts, solicits for,
or advertises within the state of Minnesota any (b) The amount of the surety bond
shall be ten percent of the preceding year's gross income from student tuition,
fees, and other required institutional charges, but in no event less than
$10,000 nor greater than $50,000, except that a school may deposit a greater
amount at its own discretion. A school in each annual application for licensure
must compute the amount of the surety bond and verify that the amount of the
surety bond complies with this subdivision, unless the school maintains a surety
bond equal to at least $50,000. A school that operates at two or more locations
may combine gross income from student tuition, fees, and other required
institutional charges for all locations for the purpose of determining the
annual surety bond requirement. The gross tuition and fees used to determine the
amount of the surety bond required for a school having a license for the sole
purpose of recruiting students in Minnesota shall be only that paid to the
school by the students recruited from Minnesota.
(c) The bond shall run to the
state of Minnesota and to any person who may have a cause of action against the
applicant arising at any time after the bond is filed and before it is canceled
for breach of any contract or agreement made by the applicant with any student.
The aggregate liability of the surety for all breaches of the conditions of the
bond shall not exceed the principal sum (d) In lieu of bond, the
applicant may deposit with the state treasurer (e) Failure of a school to post
and maintain the required surety bond or deposit under paragraph (d) may result
in denial, suspension, or revocation of the school's license.
Sec. 11. Minnesota Statutes 1996, section 141.25,
subdivision 6, is amended to read:
Subd. 6. [RESIDENT AGENT.] Schools Sec. 12. Minnesota Statutes 1996, section 141.25,
subdivision 7, is amended to read:
Subd. 7. [MINIMUM STANDARDS.] No license shall be issued
unless the office first determines:
(5) that the premises and
conditions under which the students work and study are sanitary, healthful, and
safe, according to modern standards;
Sec. 13. Minnesota Statutes 1996, section 141.25,
subdivision 8, is amended to read:
Subd. 8. [FEES AND TERMS OF LICENSE.] Sec. 14. Minnesota Statutes 1996, section 141.25,
subdivision 9, is amended to read:
Subd. 9. [CATALOG OR BROCHURE.] Before a license is
issued to a school (1) identifying data, such as volume number and date of
publication;
(2) name and address of the school and its governing body
and officials;
(3) a calendar of the school showing legal holidays,
beginning and ending dates of each course quarter, term, or semester, and other
important dates;
(4) school policy and regulations on enrollment including
dates and specific entrance requirements for each (5) school policy and regulations about leave, absences,
class cuts, make-up work, tardiness, and interruptions for unsatisfactory
attendance;
(6) school policy and regulations about standards of
progress for the student including the grading system of the school, the minimum
grades considered satisfactory, conditions for interruption for unsatisfactory
grades or progress, a description of any probationary period allowed by the
school, and conditions of reentrance for those dismissed for unsatisfactory
progress;
(7) school policy and regulations about student conduct
and conditions for dismissal for unsatisfactory conduct;
(8) detailed schedule of fees, charges for tuition,
books, supplies, tools, student activities, laboratory fees, service charges,
rentals, deposits, and all other charges;
(9) policy and regulations, including an explanation of
section 141.271, about refunding tuition, fees, and other charges if the student
does not enter the (10) a description of the available facilities and
equipment;
(11) a course outline for each course offered showing
course objectives, subjects or units in the course, type of work or skill to be
learned, and approximate time, hours, or credits to be spent on each subject or
unit; (12) policy and regulations about granting credit for
previous education and (13) a procedure for investigating
and resolving student complaints; and
(14) the name and address of the
Minnesota higher education services office.
A school exclusively offering a
correspondence program is exempt from clauses (3) and (5).
Sec. 15. Minnesota Statutes 1996, section 141.25,
subdivision 10, is amended to read:
Subd. 10. [PLACEMENT RECORDS.] (a) Before a license is
issued to a school that offers, advertises or implies a placement service, the
school shall file with the office for the past year and thereafter at reasonable
intervals determined by the office, a certified copy of the school's placement
record, containing a list of graduates, a description of their job, name of
their employer, and other information as the office may prescribe.
(b) Each school that offers a placement service shall
furnish to each prospective student, prior to enrollment, written information
concerning the percentage of the previous year's graduates who were placed in
the occupation for which Sec. 16. Minnesota Statutes 1996, section 141.25,
subdivision 12, is amended to read:
Subd. 12. [PERMANENT RECORDS.] Minnesota Sec. 17. [141.251] [LICENSE RENEWAL.]
Subdivision 1. [CONDITIONS.]
The office shall establish by rule different conditions
for renewal of licenses based on the record of the school. The conditions shall
permit renewals based on relaxed standards of scrutiny for schools that have
demonstrated the quality of their programs and their operations through
longevity and performance. The office shall specify minimum longevity standards
and performance indicators that must be met before a school may be permitted to
operate under these standards.
Subd. 2. [APPLICATION.] Application for renewal of licenses must be made at least 30
days before expiration of the current license on a form supplied by the office.
Each renewal application shall be accompanied by a nonrefundable fee established
by the office that is sufficient to recover, but does not exceed, its
administrative costs.
Sec. 18. Minnesota Statutes 1996, section 141.26,
subdivision 2, is amended to read:
Subd. 2. [APPLICATION FOR PERMIT.] (a) The application
for the permit shall state the full name, address, previous employment, and such
other information concerning the solicitor applicant as the office may require.
(b) The application shall have attached to it a certified
affidavit signed by a school official and the solicitor attesting to the fact
that the applicant has been furnished a copy, has read and has knowledge of the
provisions of this chapter and Minnesota Rules Sec. 19. [141.265] [INFORMATION TO STUDENTS.]
Subdivision 1. [CATALOG.] A school or its agent shall deliver the catalog or brochure
required in section 141.25, subdivision 9, to each prospective student in a time
or manner that provides the prospective student ample opportunity to read the
catalog or brochure before signing any contract or enrollment agreement or
before being accepted by a school that does not use a written contract or
enrollment agreement.
Subd. 2. [CONTRACT
INFORMATION.] A contract or enrollment agreement used by
a school must include at least the following:
(1) the name and address of the
school, clearly stated;
(2) a clear and conspicuous
disclosure that the agreement becomes a legally binding instrument upon written
acceptance of the student by the school unless canceled under section
141.271;
(3) the school's cancellation and
refund policy which shall be clearly and conspicuously entitled "Buyer's Right
to Cancel";
(4) the total cost of the program
including tuition and all other charges shall be clearly stated;
(5) the name and description of
the program, including the number of hours or credits of classroom instruction,
correspondence lessons, or both that shall be included; and
(6) a clear and conspicuous
explanation of the form and means of notice the student should use in the event
the student elects to cancel the contract or sale, the effective date of
cancellation, and the name and address of the seller to which the notice should
be sent or delivered.
Subd. 3. [CONTRACT COPIES.] Immediately upon signing of the enrollment agreement or the
contract by the prospective student, the school or agent shall furnish to the
prospective student an exact duplicate copy of the enrollment agreement or
contract.
Sec. 20. Minnesota Statutes 1996, section 141.271,
subdivision 1, is amended to read:
Subdivision 1. [ Subd. 1a. [NOTICE; RIGHT TO
REFUND.] Every school shall notify each student, in writing, of acceptance or
rejection. In the event that the student is rejected by the school, all tuition,
fees and other charges shall be refunded.
Sec. 21. Minnesota Statutes 1996, section 141.271,
subdivision 2, is amended to read:
Subd. 2. [SCHOOLS USING WRITTEN CONTRACTS.] (a)
Notwithstanding anything to the contrary, every school (b) Sec. 22. Minnesota Statutes 1996, section 141.271,
subdivision 3, is amended to read:
Subd. 3. [SCHOOLS NOT USING WRITTEN CONTRACTS.] (a)
Notwithstanding anything to the contrary, every school which does not (b) Sec. 23. Minnesota Statutes 1996, section 141.271,
subdivision 4, is amended to read:
Subd. 4. [RESIDENT SCHOOLS.] for which the student has been charged bears to its total
length, plus Sec. 24. Minnesota Statutes 1996, section 141.271,
subdivision 5, is amended to read:
Subd. 5. [CORRESPONDENCE HOME STUDY SCHOOLS.] Sec. 25. Minnesota Statutes 1996, section 141.271,
subdivision 6, is amended to read:
Subd. 6. [COMBINATION CORRESPONDENCE-RESIDENT SCHOOLS.]
Sec. 26. Minnesota Statutes 1996, section 141.271,
subdivision 12, is amended to read:
Subd. 12. [INSTRUMENT NOT TO BE NEGOTIATED.] No school
shall negotiate any promissory instrument received as payment of tuition or
other charge prior to completion of 50 percent of the Sec. 27. Minnesota Statutes 1996, section 141.28,
subdivision 3, is amended to read:
Subd. 3. [FALSE STATEMENTS.] No school, agent, or
solicitor shall make, or cause to be made, any statement or representation,
oral, written or visual, in connection with the offering or publicizing of a Sec. 28. Minnesota Statutes 1996, section 141.28,
subdivision 5, is amended to read:
Subd. 5. [IMPROBABLE Sec. 29. Minnesota Statutes 1996, section 141.29,
subdivision 1, is amended to read:
Subdivision 1. [GROUNDS.] The office may, after notice
and upon providing an opportunity for a hearing, Sec. 30. Minnesota Statutes 1996, section 141.31, is
amended to read:
141.31 [INJUNCTION.]
Upon application of the attorney general the district
courts shall have jurisdiction to enjoin any violation of sections 141.21 to Sec. 31. Minnesota Statutes 1996, section 141.35, is
amended to read:
141.35 [EXEMPTIONS.]
(2) private post-secondary
institutions registered under sections 136A.61 to 136A.71 that are nonprofit or
are approved to offer exclusively baccalaureate or postbaccalaureate
programs;
(p) (15) classes, courses, or
programs (18) schools with no physical
presence in Minnesota engaged exclusively in offering distance education courses
or programs that are located in and regulated by other states or
jurisdictions.
Sec. 32. [REPEALER.]
Minnesota Statutes 1996, sections
141.25, subdivisions 9a, 9b, and 11; and 141.36, are repealed."
Amend the title accordingly
With the recommendation that when so amended the bill
pass.
The report was adopted.
H. F. Nos. 311, 694, 864, 1129, 1702 and 2079 were read
for the second time.
S. F. Nos. 36, 122, 154, 277, 329, 330, 399, 475, 525,
526, 539, 555, 612, 652, 755, 762, 848, 868, 877, 1094, 1146, 1155, 1527, 1646,
1715, 95, 101 and 1888 were read for the second time.
The following House Files were introduced:
Bishop, Bradley, Solberg and Kalis introduced:
H. F. No. 2148, A bill for an act relating to capital
improvements; consolidating the requirements for University Center Rochester;
amending Laws 1994, chapter 643, section 10, subdivision 10, as amended.
The bill was read for the first time and referred to the
Committee on Capital Investment.
Jennings, Delmont, Wolf and Workman introduced:
H. F. No. 2149, A bill for an act relating to utilities;
restructuring regulation of the generation, transmission, and distribution of
electricity; providing for transition to competitive industry; allowing
cooperative electric associations to opt out; requiring restructuring plans;
requiring unbundling of services; providing for recovery of stranded costs;
requiring access to facilities; requiring registration of suppliers; abolishing
personal property tax on generation; abolishing certificate of need and
resources planning processes; establishing legislative oversight committee;
proposing coding for new law as Minnesota Statutes, chapter 216E.
The bill was read for the first time and referred to the
Committee on Regulated Industries and Energy.
Osthoff, for the Committee on Environment, Natural
Resources and Agriculture Finance introduced:
H. F. No. 2150, A bill for an act relating to the
organization and operation of state government; appropriating money for
environmental, natural resource, and agricultural purposes; establishing and
modifying certain programs; providing for regulation of certain activities and
practices; providing for accounts, assessments, and fees; amending Minnesota
Statutes 1996, sections 17.76, by adding a subdivision; 32.394, subdivision 11;
32.415; 84.0273; 84.0887, subdivision 2; 84.794, subdivision 1; 84.803,
subdivision 1; 84.927, subdivision 2; 85.22, subdivision 2a; 85A.04, subdivision
4; 86A.23; 86B.415, subdivision 9; 92.06, subdivision 4; 92.16, subdivision 1;
92.46, by adding a subdivision; 94.10, subdivision 2; 94.165; 97B.667; 103C.501,
subdivision 6; 103F.378, subdivision 1; 115.03, subdivision 5; 115A.54,
subdivision 2a; 115A.912, by adding a subdivision; 116P.05, subdivision 2, and
by adding a subdivision; 296.421, subdivision 5; 300.111, by adding a
subdivision; 308A.101, by adding a subdivision; 308A.201, by adding a
subdivision; 325E.10, subdivision 2, and by adding subdivisions; 325E.11; and
325E.112, subdivision 2; Laws 1995, chapter 220, section 19, subdivision 11; and
Laws 1996, chapters 351, section 2; and 463, section 7, subdivision 24;
proposing coding for new law in Minnesota Statutes, chapters 4; 17; 92; 94; 115;
and 219; repealing Minnesota Statutes 1996, sections 1.31; 1.32; 1.33; 1.34;
1.35; 1.36; 1.37; 1.38; 1.39; 1.40; 84B.11; 115A.9523; and 116P.05, subdivision
1; Laws 1995, chapters 77, section 3; and 220, section 21.
The bill was read for the first time and referred to the
Committee on Ways and Means.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce that the Senate accedes to the request
of the House for the appointment of a Conference Committee on the amendments
adopted by the Senate to the following House File:
H. F. No. 117, A bill for an act relating to commerce;
requiring local units of government to license the retail sale of tobacco;
providing for mandatory penalties against license holders for sales to minors;
amending Minnesota Statutes 1996, section 461.12; proposing coding for new law
in Minnesota Statutes, chapter 461.
The Senate has appointed as such committee:
Ms. Junge; Mr. Oliver and Ms. Wiener.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the
following House Files, herewith returned:
H. F. No. 566, A bill for an act relating to the board of
government innovation and cooperation; extending an exemption from enforcement
of law granted by the board during calendar year 1996; amending Minnesota
Statutes 1996, section 465.797, subdivision 5a.
H. F. No. 1067, A resolution memorializing the President,
Congress, and the Secretary of Agriculture of the United States to design and
implement adjustments to the federal milk marketing order system that are
equitable to Minnesota's family dairy farmers; including reassessment of the use
of wholesale price indicators derived from trade on the Green Bay Cheese
Exchange.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the
following House File, herewith returned:
H. F. No. 1187, A bill for an act relating to the city of
Buffalo Lake; authorizing the city to negotiate contracts for a specific project
without competitive bids.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the
following House File, herewith returned, as amended by the Senate, in which
amendments the concurrence of the House is respectfully requested:
H. F. No. 379, A bill for an act relating to commerce;
regulating securities; authorizing small corporate offering registrations;
proposing coding for new law in Minnesota Statutes, chapter 80A.
Patrick E. Flahaven, Secretary of the Senate
Abrams moved that the House refuse to concur in the
Senate amendments to H. F. No. 379, that the Speaker appoint a Conference
Committee of 3 members of the House, and that the House requests that a like
committee be appointed by the Senate to confer on the disagreeing votes of the
two houses. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the
following House File, herewith returned, as amended by the Senate, in which
amendments the concurrence of the House is respectfully requested:
H. F. No. 601, A bill for an act relating to local
government; authorizing boundary commissions; amending Minnesota Statutes 1996,
section 465.79.
Patrick E. Flahaven, Secretary of the Senate
Wenzel moved that the House refuse to concur in the
Senate amendments to H. F. No. 601, that the Speaker appoint a Conference
Committee of 3 members of the House, and that the House requests that a like
committee be appointed by the Senate to confer on the disagreeing votes of the
two houses. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in
the House amendments to the following Senate File:
S. F. No. 1, A bill for an act relating to human
services; replacing the aid to families with dependent children program with the
Minnesota family investment program-statewide; amending Minnesota Statutes 1996,
sections 13.46, subdivisions 1 and 2; 84.98, subdivision 3; 124.17, subdivisions
1d and 1e; 124.175; 124A.02, subdivision 16; 124A.22, subdivision 3; 136A.125,
subdivision 2; 196.27; 237.70, subdivision 4a; 254B.02, subdivision 1; 256.01,
subdivisions 2 and 4a; 256.017, subdivisions 1 and 4; 256.019; 256.031,
subdivision 5, and by adding subdivisions; 256.033, subdivisions 1 and 1a;
256.046, subdivision 1; 256.736, subdivision 3a; 256.74, subdivision 1; 256.82,
subdivision 2; 256.935, subdivision 1; 256.9354, by adding a subdivision;
256.98, subdivision 8; 256.981; 256.983, subdivisions 1 and 4; 256.9861,
subdivision 5; 256B.055, subdivisions 3, 5, and by adding subdivisions;
256B.056, subdivisions 1a, 3, and 4; 256B.057, subdivisions 1, 1b, and 2b;
256B.06, subdivision 4; 256B.062; 256D.01, subdivisions 1, 1a, and 1e; 256D.02,
subdivisions 6 and 12a; 256D.03, subdivision 3; 256D.05, subdivisions 1, 2, 5,
7, and 8; 256D.051, subdivisions 1a, 2a, 3a, and by adding a subdivision;
256D.055; 256D.06, subdivisions 2 and 5; 256D.08, subdivisions 1 and 2; 256D.09,
by adding a subdivision; 256D.435, subdivision 3; 256D.44, subdivision 5;
256E.03, subdivision 2; 256E.06, subdivisions 1 and 3; 256E.07, subdivision 1;
256E.08, subdivision 3; 256F.04, subdivisions 1 and 2; 256F.05, subdivisions 2,
3, 4, 5, and 8; 256F.06, subdivisions 1 and 2; 256G.01, subdivision 4; 256G.02,
subdivision 6; 257.3573, subdivision 2; 259.67, subdivision 4; 260.38; 268.0111,
subdivisions 5 and 7; 268.0122, subdivision 3; 268.552, subdivision 5; 268.6751,
subdivision 1; 268.676, subdivision 1; 268.86, subdivision 2; 268.871,
subdivision 1; 268.90, subdivision 2; 268.916; 268.95, subdivision 4; 393.07,
subdivision 6; and 477A.0122, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapters 256B; and 256D; proposing coding for new law as
Minnesota Statutes, chapters 256J; and 256K; repealing Minnesota Statutes 1996,
sections 256.12, subdivisions 9, 10, 14, 15, 20, 21, 22, and 23; 256.72; 256.73;
256.7341; 256.7351; 256.7352; 256.7353; 256.7354; 256.7355; 256.7356; 256.7357;
256.7358; 256.7359; 256.736, subdivision 19; 256.7365; 256.7366; 256.7381;
256.7382; 256.7383; 256.7384; 256.7385; 256.7386; 256.7387; 256.7388; 256.74,
subdivisions 1, 1a, 1b, 2, and 6; 256.745; 256.75; 256.76; 256.78; 256.80;
256.81; 256.82; 256.84; 256.85; 256.86; 256.863; 256.871; 256.8711; 256.879;
256D.02, subdivision 5; 256D.05, subdivisions 3 and 3a; 256D.0511; 256D.065;
256F.05, subdivisions 5 and 7; and 256G.05, subdivision 2.
The Senate respectfully requests that a Conference
Committee be appointed thereon. The Senate has appointed as such committee:
Messrs. Samuelson; Stevens; Mses. Berglin; Kiscaden and
Mr. Hottinger.
Said Senate File is herewith transmitted to the House
with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Winter moved that the House accede to the request of the
Senate and that the Speaker appoint a Conference Committee of 5 members of the
House to meet with a like committee appointed by the Senate on the disagreeing
votes of the two houses on S. F. No. 1. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the
following Senate Files, herewith transmitted:
S. F. Nos. 117, 1833, 333, 236, 1179 and 1880.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the
following Senate Files, herewith transmitted:
S. F. Nos. 444, 1136, 1072, 193, 1312, 1513, 1025 and
1363.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the
following Senate Files, herewith transmitted:
S. F. Nos. 495, 1599, 1207, 1621, 1583 and 1115.
Patrick E. Flahaven, Secretary of the Senate
S. F. No. 117, A bill for an act relating to the
military; adding an exclusion to the tort claims act; amending Minnesota
Statutes 1996, section 3.736, subdivision 3.
The bill was read for the first time.
Pugh moved that S. F. No. 117 and H. F. No. 445, now on
General Orders, be referred to the Chief Clerk for comparison. The motion
prevailed.
S. F. No. 1833, A bill for an act relating to counties;
providing that issuance of a certain permit does not make a county liable for
certain injuries; amending Minnesota Statutes 1996, section 86B.121.
The bill was read for the first time.
Kinkel moved that S. F. No. 1833 and H. F. No. 1620, now
on General Orders, be referred to the Chief Clerk for comparison. The motion
prevailed.
S. F. No. 333, A bill for an act relating to home care;
modifying an exemption from the definition of provider; requiring rules to
include certain standards; establishing an assisted living home care provider
license; redefining elderly housing with services establishment; modifying
reimbursement procedures for assisted living services under medical assistance
and alternative care; defining certain housing with services establishments as a
permitted single family residential use of property for zoning purposes;
requiring a study; amending Minnesota Statutes 1996, sections 144A.43,
subdivision 4; 144A.45, subdivision 1, and by adding a subdivision; 144A.46,
subdivisions 1 and 3; 144D.01, subdivisions 4, 5, 6, and by adding a
subdivision; 144D.03, subdivision 1; 144D.06; 157.17, subdivisions 2 and 5;
245A.03, subdivision 2; 256B.0913,
subdivision 5; 256B.0915, subdivision 3; 256I.04,
subdivision 2a; and 462.357, subdivision 7; proposing coding for new law in
Minnesota Statutes, chapters 144A; and 144D; repealing Minnesota Statutes 1996,
sections 144A.45, subdivision 3; 144A.49; 144B.01; 144B.02; 144B.03; 144B.04;
144B.05; 144B.06; 144B.07; 144B.08; 144B.09; 144B.10; 144B.11; 144B.12; 144B.13;
144B.14; 144B.15; 144B.16; and 144B.17.
The bill was read for the first time.
Greenfield moved that S. F. No. 333 and H. F. No. 291,
now on General Orders, be referred to the Chief Clerk for comparison. The motion
prevailed.
S. F. No. 236, A bill for an act relating to traffic
regulations; allowing evidentiary use of accident reports by peace officers;
amending Minnesota Statutes 1996, section 169.09, subdivision 13.
The bill was read for the first time and referred to the
Committee on Judiciary.
S. F. No. 1179, A bill for an act relating to traffic
regulations; authorizing state and local authorities to issue annual overwidth
permits for certain snowplowing vehicles; amending Minnesota Statutes 1996,
section 169.86, subdivision 5, and by adding a subdivision.
The bill was read for the first time.
Tingelstad moved that S. F. No. 1179 and H. F. No. 1243,
now on General Orders, be referred to the Chief Clerk for comparison. The motion
prevailed.
S. F. No. 1880, A bill for an act relating to the
organization and operation of state government; appropriating money for the
judicial branch, public safety, public defense, corrections, criminal justice,
crime prevention programs, and other related purposes; implementing, clarifying,
and modifying certain criminal and juvenile provisions; prescribing, clarifying,
and modifying certain penalty provisions; modifying and enacting various arson
provisions; making various changes to the data privacy laws; establishing,
modifying, and expanding permanent programs, pilot programs, grant programs,
studies, offices, strike forces, task forces, councils, committees, and working
groups; requiring reports; providing for an adjustment to the soft body armor
reimbursement fund; authorizing the board on judicial standards to award
attorneys fees; changing the name of the "superintendent" of the bureau of
criminal apprehension to the "director" of the bureau of criminal apprehension;
authorizing testing for HIV or Hepatitis B under certain circumstances;
requiring employers of law enforcement officers to adopt a protocol; permitting
the sale of ten or fewer unused hypodermic needles or syringes without a
prescription; requiring employers of disabled or killed peace officers or
firefighters to continue health benefits in certain instances; requiring the
state to reimburse those employers; providing for statewide arson training
courses; creating a criminal gang investigative data system; requiring the
department of corrections to submit an annual performance report; expanding the
commissioner of corrections' authority to release inmates on conditional medical
release and the commissioner's authority related to rules and guidelines;
requiring the department of corrections to amend a rule; ending the state's
operation of the Minnesota correctional facility-Sauk Centre; requiring the
commissioner of administration to issue a request for proposals and select a
vendor to operate the facility; requiring the commissioner of corrections to
charge counties for juveniles placed at the Minnesota correctional facility-Red
Wing and to develop admissions criteria for the facility; striking the
requirement that the Minnesota correctional facility-Red Wing accept all
juveniles; establishing a state policy discouraging the out-of-state placement
of juveniles; lowering the per se standard for alcohol concentration from 0.10
to 0.08 for driving motor vehicles, snowmobiles, all-terrain vehicles, and
motorboats while impaired, as well as for criminal vehicular operation and
hunting; providing orders for protection in the case of domestic abuse
perpetrated by a minor; amending Minnesota Statutes 1996, sections 13.99, by
adding a subdivision; 84.91, subdivision 1; 84.911, subdivision 1; 86B.331,
subdivisions 1 and 4; 86B.335, subdivision 1; 97B.065, subdivision 1; 97B.066,
subdivision 1; 119A.31, subdivision 1; 144.761, subdivisions 5 and 7; 144.762,
subdivision 2, and by adding a subdivision; 144.765; 144.767, subdivision 1;
151.40; 152.01, subdivision 18; 152.021, subdivisions 1 and 2; 152.022,
subdivisions 1 and 2; 152.023, subdivision 2; 169.121, subdivisions 1, 2, and 3;
169.123, subdivisions 1, 2, 4, 5a, and 6; 169.129; 171.29, subdivision 2;
241.01, subdivision 3b; 241.271; 242.19, subdivision 2; 242.32, by adding a
subdivision; 242.55; 244.05, subdivision 8; 244.17, subdivision 2;
256E.03, subdivision 2; 257.071, subdivisions 3, 4, and
by adding subdivisions; 257.072, subdivision 1; 259.41; 259.59, by adding a
subdivision; 259.67, subdivision 2; 260.012; 260.015, subdivisions 2a and 29;
260.131, subdivisions 1 and 2; 260.155, subdivisions 1a, 2, 3, 4, and 8;
260.161, subdivisions 1, 1a, and by adding a subdivision; 260.165, subdivisions
1 and 3; 260.171, subdivision 2; 260.191, subdivisions 1, 3a, 3b, and 4;
260.192; 260.221, subdivisions 1 and 5; 260.241, subdivisions 1 and 3; 299A.38,
subdivision 2, and by adding a subdivision; 299A.61, subdivision 1; 299C.065,
subdivision 1; 299C.095; 299C.10, subdivisions 1 and 4; 299C.13; 299F.051;
299F.06, subdivisions 1 and 3; 326.3321, subdivision 1; 326.3386, subdivision 3,
and by adding subdivisions; 357.021, subdivision 1a; 363.073, subdivision 1, and
by adding a subdivision; 401.13; 609.035, subdivision 1, and by adding a
subdivision; 609.10; 609.101, subdivision 5; 609.115, subdivision 1; 609.125;
609.135, subdivision 1; 609.152, subdivision 2a, and by adding a subdivision;
609.21; 609.221; 609.684, subdivision 4; 609.748, subdivision 1; 609.902,
subdivision 4; 611A.038; 611A.675; 611A.71, subdivision 5; 611A.74, subdivisions
1, 3, and by adding a subdivision; 611A.75; 626.843, subdivision 1; Laws 1995,
chapter 226, article 2, section 37, subdivision 2; article 3, section 60,
subdivision 4, and by adding a subdivision; and Laws 1996, chapter 408, article
8, sections 21; 22, subdivision 1; and 24; proposing coding for new law in
Minnesota Statutes, chapters 16A; 241; 242; 243; 257; 259; 299A; 299C; 299F;
609; 611A; and 626; repealing Minnesota Statutes 1996, sections 119A.30;
145.406; 242.51; 244.09, subdivision 11a; 259.33; 299F.07; and 609.684,
subdivision 2.
The bill was read for the first time and referred to the
Committee on Judiciary.
S. F. No. 444, A bill for an act relating to corrections;
removing the limit of two security officers that may be employed by the
commissioner; providing authority to detain certain juveniles committed to the
commissioner who are on release status; authorizing use of funds received from
other jurisdictions for housing offenders to help maintain correctional
facilities; authorizing continued detention in eight-day temporary holdover
facilities for juveniles under certain circumstances; extending the sexual
assault and crime victims advisory councils; repealing the religious instruction
law and the extraordinary discharge statute; amending Minnesota Statutes 1996,
sections 241.01, subdivision 3a; 242.19, subdivision 3; 243.51, subdivisions 1
and 3; 260.1735; 611A.25, subdivision 3; and 611A.361, subdivision 3; repealing
Minnesota Statutes 1996, section 244.06.
The bill was read for the first time and referred to the
Committee on Judiciary.
S. F. No. 1136, A bill for an act relating to capital
improvements; transferring responsibility for a family practice residency
program from the city of Duluth to the Duluth economic development authority;
amending Laws 1996, chapter 463, section 24, subdivision 3.
The bill was read for the first time.
Huntley moved that S. F. No. 1136 and H. F. No. 1380, now
on General Orders, be referred to the Chief Clerk for comparison. The motion
prevailed.
S. F. No. 1072, A bill for an act relating to public
safety; modifying certain requirement for operating emergency vehicle; amending
Minnesota Statutes 1996, section 169.17.
The bill was read for the first time and referred to the
Committee on Judiciary.
S. F. No. 193, A bill for an act relating to traffic
regulations; making technical correction to ensure vehicle driver is held liable
for knowingly driving vehicle without insurance; amending Minnesota Statutes
1996, section 169.797, subdivision 3.
until fiscal year 1997 for land
acquisition 2001 2020. who is may be
granted a leave of absence from a position in the classified service to accept a position in the unclassified service shall
retain an inactive classified service status. Upon request, during the unclassified appointment or within 60 days of the
end of the unclassified appointment, the employee shall be reappointed in the agency from which the employee was granted
the leave, to a classified position comparable to that held immediately prior to being appointed to the unclassified position.
and commissioner's plan developed by the commissioner pursuant to section
43A.18, subdivision 2a. In establishing salary rates and eligibility for nomination for payment at special rates, the
commissioner shall consider the standards of eligibility established by national medical specialty boards where appropriate.
The incumbents assigned to these special ranges shall be excluded from the collective bargaining process. receives, at separation of service: state retirement program sponsored by the
state or such organization of the state and immediately meets the age and service requirements in section 352.115,
subdivision 1; and may
elect to purchase at personal expense individual and dependent hospital, medical, and dental coverages that are.
or optional coverages. The commissioner may market and
self-insure dental and optional coverages. Nothing in this subdivision precludes the commissioner from determining
plan design, providing informational materials, or communicating with employees about coverages. , effective for the requesting entity, for a period ending June 30, 1997, subject to the
restrictions in paragraph (b) and to revision in accordance with subdivision 5. These waivers are effective for the
requesting entity, for a period ending June 30, 1997, except the waivers granted for the Minnesota housing finance agency
shall extend to June 30, 1999. The commissioner shall waive a rule by granting a variance under Minnesota
Statutes, section 14.05, subdivision 4.1997 1999, or at any earlier time by a method agreed upon by the commissioners of
employee relations and housing finance and the affected exclusive bargaining representative of state employees. 1997 2001, the governor shall
designate an executive agency that will conduct a pilot civil service project. The pilot program must adhere to the policies
expressed in subdivision 1 and in Minnesota Statutes, section 43A.01. For the purposes of conducting the pilot project, the
commissioner of the designated agency is exempt from the provisions that relate to employment in Minnesota Statutes,
chapter 43A, Minnesota Rules, chapter 3900, and administrative procedures and policies of the department of employee
relations. If a proposed exemption from the provisions that relate to employment in Minnesota Statutes, chapter 43A,
Minnesota Rules, chapter 3900, and administrative procedures and policies of the department of employee relations would
violate the terms of a collective bargaining agreement effective under Minnesota Statutes, chapter 179A, the exemption is
not effective without the consent of the exclusive representative that is a party to the agreement. Upon request of the
commissioner carrying out the pilot project, the commissioner of employee relations shall provide technical assistance in
support of the pilot project. This section does not exempt an agency from compliance with Minnesota Statutes, sections
43A.19 and 43A.191, or from rules adopted to implement those sections. 1997, the human resources innovation committee
established under Laws 1993, chapter 301, section 1, subdivision 6, 1999, the department of employee relations
in conjunction with union representatives shall designate state job classifications to be included in a one
or more pilot project projects. Under this pilot project: (1) resumes of applicants for positions to be
filled through a competitive open this process will be evaluated through an objective computerized system
that will identify which applicants have the required skills; and (2) information on applicants determined to have required
skills will be forwarded to the agency seeking to fill a vacancy, without ranking these applicants, and without a limit on the
number of applicants that may be forwarded to the hiring agency. Laws or rules that govern examination, ranking of
eligibles, and certification of eligibles for competitive open positions do not apply to those job classifications included in
the pilot project. This process is in lieu of the procedures provided in Minnesota Statutes, sections 43A.10 to
43A.13, and related rules and procedures adopted under Minnesota Statutes, section 43A.04, subdivision 4, except that
applicants who are being referred and who qualify for veterans preference under Minnesota Statutes, section 43A.11, will
be placed ahead of referrals who meet the required skills of the vacant position and who do not qualify for veterans
preference. Before designating a job classification under this subdivision, the committee department
must assure that the hiring process for those job classifications complies with the policies in subdivision 1. the human resources
innovation committee union representatives, shall design and implement a system for evaluating the success
of the pilot project in subdivision 5. By October 1, 1996 1997, and October 1, 1997
1998, the commissioner must report to the legislature on the pilot project. The report must: the each pilot project, and the number of positions filled
under in these job classes under the pilot ;the these pilot project
projects, as compared to hiring under the traditional laws and rules; project
projects. for or groups of
unrepresented employees in the department. The system must be approved by the commissioner of finance before being
implemented. The system must have the following characteristics: filling of unfilled employee complement, or other resources that benefit
overall group performance; within each fund that is used to provide money for department
services. Each account consists of money saved directly as a result of initiatives under this section. Any awards
under this article must be paid from money in an efficiency savings account. One-half of the money in the account may
be used for awards under this section, and the remainder must be returned to the fund from which the money was
appropriated; one-time awards in the form of a lump
sum award, and must not add to the base salary of employees. and providing that
if employer and employee contributions are made in a timely manner in the amounts required by section 352.04.
Employee contributions must be deducted from salary. Employer contributions are the sole obligation of the employer
assuming operation of the University of Minnesota heating plant facilities or any successor organizations to that employer.
and
seasonal help in the classified service employed by the department of revenue;
active
members of the Minneapolis police department;
active members of the Minneapolis
police department in their official capacity and remaining unclaimed for six
months;
active members of the
Minneapolis police department in their official capacity and remaining
unclaimed for six months, upon sale by the chief of police of the city;
active members of the Minneapolis
police department in their official capacity and remaining unclaimed for six
months.
and relief association, police relief association, and of each volunteer
firefighters' relief association as defined in section
424A.001, subdivision 4, with assets of at least $200,000 or liabilities of
at least $200,000, according to the most recent actuarial valuation or financial
report if no valuation is required, shall:
(a) (1) Prepare a financial report covering the special and
general funds of the relief association for the preceding fiscal year on a form
prescribed by the state auditor. The financial report shall contain financial
statements and disclosures which present the true financial condition of the
relief association and the results of relief association operations in
conformity with generally accepted accounting principles and in compliance with
the regulatory, financing and funding provisions of this chapter and any other
applicable laws. The financial report shall be countersigned by the municipal
clerk or clerk-treasurer of the municipality in which the relief association is
located if the relief association is a firefighters' relief association which is
directly associated with a municipal fire department or is a police relief
association, or countersigned by the secretary of
(b) (2) File the financial report in its office for public
inspection and present it to the city council after the close of the fiscal
year. One copy of the financial report shall be furnished to the state auditor
after the close of the fiscal year; and
(c) (3) Submit to the state auditor audited financial
statements which have been attested to by a certified public accountant, public
accountant, or the state auditor within 180 days after the close of the fiscal
year, except that the state auditor may upon request of a
city and a showing of inability to conform, extend the deadline. The state
auditor may accept this report in lieu of the report required in clause (b) (2).
and each independent nonprofit firefighting
corporation, as defined in section 424A.001,
subdivision 4, with assets of less than $200,000 and liabilities less than
$200,000, according to the most recent financial report, shall:
(a) prepare a detailed
statement of the financial affairs for the preceding
fiscal year of the relief association's special and general funds in the
style and form prescribed by the state auditor, for the
preceding fiscal year showing all money received, with the sources, and
respective amounts thereof. The detailed statement
must show the sources and amounts of all money received; all disbursements
for which orders have been drawn upon the treasurer;
all, accounts payable;
all and accounts receivable; the amount of money
remaining in the treasury; total assets including a listing of all investments;
the accrued liabilities; and all items necessary to show accurately the revenues
and expenditures and financial position of the relief association;.
shall must be certified by an
independent public accountant or auditor or by the auditor or accountant who
regularly examines or audits the financial transactions of the municipality. In
addition to certifying the financial condition of the special and general funds
of the relief association, the accountant or auditor conducting the examination
shall give an opinion as to the condition of the special and general funds of
the relief association, and shall comment upon any exceptions to the report. The
independent accountant or auditor shall have at least five years of public
accounting, auditing, or similar experience, and shall not be an active,
inactive, or retired member of the relief association or the fire or police
department;.
shall must be countersigned
by the municipal clerk or clerk-treasurer of the municipality, or, where
applicable, by the secretary of the independent nonprofit firefighting
corporation and by the municipal clerk or clerk-treasurer of the largest
municipality in population which contracts with the independent nonprofit
firefighting corporation if the relief association is a subsidiary of an
independent nonprofit firefighting corporation;.
;, and must
(e) submit within 90 days after the close of the fiscal year a copy
of the detailed statement to the state auditor within 90 days of the close of the fiscal year.
ADDITIONAL PUBLIC PENSION PLAN INVESTMENT INFORMATION.]
wholly fully invested through
the state board of investment, including a local police or firefighters' relief
association governed by sections 69.77 or 69.771 to 69.775, shall report the
information specified in subdivision 2 3 to the state auditor. The state auditor may prescribe
a form or forms for the purposes of the reporting requirements contained in this
section.
2 3. [CONTENT AND TIMING OF
REPORTS.] (a) The following information shall be included
in the report required by subdivision 1:
(1) the market value of all
investments at the close of the reporting period;
(2) regular payroll-based
contributions to the fund;
(3) other contributions and
revenue paid into the fund, including, but not limited to, state or local
non-payroll-based contributions, repaid refunds, and buybacks;
(4) total benefits paid to
members;
(5) fees paid for investment
management services;
(6) salaries and other
administrative expenses paid; and
(7) total return on
investment.
also include a written statement of the
investment policy in effect on June 30, 1988, and 1997, if that statement has not been previously submitted.
Following that date, subsequent reports must include any investment policy changes made subsequently and shall
include the effective date of each policy change rather than a complete statement of investment policy,
unless the state auditor requests submission of a complete current statement.
The report must also include the information required by paragraph (b) or (c),
as applicable. The information required under this
subdivision must be reported separately for each investment account or
investment portfolio included in the pension fund.
(b) For public pension plans other
than volunteer firefighters' relief associations governed by sections 69.77 or
69.771 to 69.775, the information specified in paragraph (a) must be provided
separately for each quarter for the fiscal years of the pension fund ending
during calendar years 1989 through 1991 and on a monthly basis thereafter. For
volunteer firefighters' relief associations governed by sections 69.77 or 69.771
to 69.775, the information specified in paragraph (a) must be provided
separately each quarter.
(c) Firefighters' relief
associations that have assets with a market value of less than $300,000 must
submit a written statement of their current investment policy on or before
October 1, 1996, must report any subsequent investment policy changes, including
the effective date of the change, within 90 days of the change, must begin
collecting the required information under paragraph (a), clauses (1) to (7), on
January 1, 1997, and must submit the required information to the state auditor
on or before October 1, 1998, and subsequently within six months of the end of
each fiscal year. Other associations must submit the required information
through fiscal year 1993 to the state auditor on or before October 1, 1994, and
subsequently within six months of the end of each fiscal year.
3 5. [PENALTY FOR NONCOMPLIANCE.] Failure to comply with
the reporting requirements of this section shall result in a withholding of all
state aid or state appropriation to which the pension
plan may otherwise be directly or indirectly entitled
until the pension plan has complied with the reporting requirements. The state
auditor shall instruct the commissioners of revenue and finance to withhold
state aid or state appropriation from any pension
plan that fails to comply with the reporting requirements contained in this
section, until the pension plan has complied with the reporting requirements. The state auditor may waive the withholding of state aid or
state appropriations if the state auditor determines in writing that compliance
would create an excessive hardship.
The state auditor shall agree to
waive the withholding of all state aid required by this subdivision for a
volunteer firefighters' relief association governed by sections 69.77 or 69.771
to 69.775 if:
(1) the relief association
certifies to the state auditor that the financial records necessary to comply
with this reporting requirement for the fiscal years of the pension fund ending
during calendar years 1991 to 1993 no longer exist; or
(2) the state auditor determines
that reconstructing historical financial data for the fiscal years of the
pension fund ending during calendar years 1991 to 1993 would create an excessive
hardship for the relief association.
4 6. [INVESTMENT DISCLOSURE REPORT.] (a) Using the information provided under subdivision 2 subdivisions 3 and
4, the state auditor shall compute time-weighted
rates of return for each pension fund, net of all costs and fees, and
prepare an annual report to the legislature on the components of investment
performance resulting from stages in the investment decision making process of
the various public pension plans subject to this
section. The state auditor may contract with a qualified
consultant or consulting firm to perform the analysis and prepare the report
required under this subdivision. The report may also
include information collected under subdivision 4 and, if applicable,
subdivision 3.
5 7. [EXPENSE OF REPORT.] All expenses incurred relating
to the investment disclosure report described in
subdivision 4 6 must be
borne by the office of the state auditor and may not be charged back to the
entities described in subdivision 1.
commissioner of commerce state
auditor upon the adoption of any amendment to its governing bylaws by the
relief association or upon the approval of any amendment to its governing bylaws
granted by the governing body of each municipality served by the fire department
to which the relief association is directly associated. Failure of the relief
association to file a copy of the bylaws or any bylaw amendments with the commissioner of commerce state
auditor shall disqualify the municipality from the distribution of any
future fire state aid until this filing requirement has been completed.
June 30 December
31, 1997.
and 15, and 16, or an auto mechanic lead, an electrician, an
electrician master of record, a groundskeeper intermediate, or a plumber master
in charge at the Minnesota correctional facility-Red Wing, and who does not
elect to retain general state employee retirement plan or teachers retirement
association coverage is entitled to elect to obtain prior service credit for
eligible state service performed on or after July 1, 1975, and before the first
day of the first full pay period beginning after June
30 December 31, 1997, with the department of
corrections or with the department of human services at the Minnesota security
hospital or the Minnesota sexual psychopathic personality
treatment center. All prior service credit must be purchased.
and
15, and 16, or an auto mechanic lead, an electrician, an
electrician master of record, a groundskeeper intermediate, or a plumber master
in charge at the Minnesota correctional facility-Red Wing, if that prior
service had been performed after the first day of the first full pay period
beginning after December 31, 1996, rather than before that date. Service is
continuous if there has been no period of discontinuation of eligible state
service for a period greater than 180 calendar days.
or
15, or 16, or an auto mechanic lead, an electrician, an
electrician master of record, a groundskeeper intermediate, or a plumber master
in charge at the Minnesota correctional facility-Red Wing, on
and 15, and 16, and who is at
least 55 years old on the effective date of sections 11, 12, 14, and 15, and 16. This section also
applies to an auto mechanic lead, an electrician, an electrician master of
record, a groundskeeper intermediate, or a plumber master in charge at the
Minnesota correctional facility-Red Wing who has transferred to the correctional
employee retirement plan under this act. That employee may participate in a
health insurance early retirement incentive available under the terms of a
collective bargaining agreement in effect on the day before the effective date
of sections 11, 12, 14, and 15, and 16,
notwithstanding any provision of the collective bargaining agreement that limits
participation to persons who select the option during the payroll period in
which their 55th birthday occurs. A person selecting the health insurance early
retirement incentive under this section must retire by the later of December 31, 1997 June 30,
1998, or within the pay period following the time at which the person has at
least three years of covered correctional service, including any purchased
service credit. An employee meeting this criteria who wishes to extend the
person's employment must do so under Minnesota Statutes, section 43A.34,
subdivision 3.
, as determined by the federal need analysis, which for (i)
dependent students, is the parental contribution as calculated by the federal
need analysis, and for (ii) independent students, is the student contribution as
determined by the federal need analysis; and as
defined in section 136A.101; and
, except that the calculation must
subtract any Pell grant for which a student would be eligible even if the
student has exhausted the Pell grant for that fiscal year.
$1,700 $2,000 for each
eligible child per academic year. The office shall prepare a chart to show the
amount of a grant that will be awarded per child based on the factors in this
subdivision. The chart shall include a range of income and family size.
higher education services office commissioner shall use money from the account to
establish a loan forgiveness program for medical students residents agreeing
to practice in designated rural areas, as defined by the commissioner.
higher education services office commissioner. A student or
resident who is accepted must sign a contract to agree to serve at least three
of the first five years following residency in a designated rural area.
years beginning on
and year after July 1,
1995, the higher education services office commissioner may accept up to four applicants who are fourth year medical students,
three 12 applicants who are medical residents,
including four applicants who are pediatric residents, and four six applicants who are
family practice residents, and one applicant who is
an two applicants who are internal medicine resident residents, per fiscal year for participation in the loan
forgiveness program. If the higher education services
office commissioner does not receive enough
applicants per fiscal year to fill the number of residents in the specific areas
of practice, the resident applicants may be from any area of practice. The eight 12 resident applicants
may be in any year of training; however, priority must be given to the following
categories of residents in descending order: third year residents, second year
residents, and first year residents. Applicants are responsible for securing
their own loans. Applicants chosen to participate in the loan forgiveness
program may designate for each year of medical school, up to a maximum of four
years, an agreed amount, not to exceed $10,000, as a qualified loan. For each
year that a participant serves as a physician in a designated rural area, up to
a maximum of four years, the higher education services
office commissioner shall annually pay an amount
equal to one year of qualified loans. Participants who move their practice from
one designated rural area to another remain eligible for loan repayment. In
addition, if in any year
that a resident participating in the loan forgiveness program serves at
least four weeks during a year of residency substituting for a rural physician
to temporarily relieve the rural physician of rural practice commitments to
enable the rural physician to take a vacation, engage in activities outside the
practice area, or otherwise be relieved of rural practice commitments, the
participating resident may designate up to an additional $2,000, above the
$10,000 yearly maximum, for
each year of residency during which the resident substitutes for a rural
physician for four or more weeks.
higher education services
office commissioner shall collect from the
participant the amount paid by the commissioner under
the loan forgiveness program. The higher education
services office commissioner shall deposit the
money collected in the rural physician education account established in
subdivision 1. The commissioner shall allow waivers of all or part of the money
owed the commissioner if emergency circumstances prevented fulfillment of the
three-year service commitment.
years year beginning on and
after July 1, 1995, the higher
education services office commissioner may accept
up to four applicants who are either fourth year medical
students, or residents in family practice, pediatrics, or internal medicine
per fiscal year for participation in the urban primary care physician loan
forgiveness program. The resident applicants may be in any year of residency
training; however, priority will be given to the following categories of
residents in descending order: third year residents, second year residents, and
first year residents. If the higher education services
office commissioner does not receive enough
qualified applicants per fiscal year to fill the number of slots for urban
underserved communities, the slots may be allocated to students or residents who have applied for the rural
physician loan forgiveness program in subdivision 1. Applicants are responsible
for securing their own loans. For purposes of this provision, "qualifying
educational loans" are government and commercial loans for actual costs paid for
tuition, reasonable education expenses, and reasonable living expenses related
to the graduate or undergraduate education of a health care professional.
Applicants chosen to participate in the loan forgiveness program may designate
for each year of medical school, up to a maximum of four years, an agreed
amount, not to exceed $10,000, as a qualified loan. For each year that a
participant serves as a physician in a designated underserved urban area, up to
a maximum of four years, the higher education services
office commissioner shall annually pay an amount
equal to one year of qualified loans. Participants who move their practice from
one designated underserved urban community to another remain eligible for loan
repayment.
part time, up to
32 fewer hours than their
regular schedule per pay period, for the health care facility organization, while maintaining full salary and their original benefits and a
salary greater than the number of hours worked;
and, any
nonprofit, nonsectarian agency or state institution located in the state of
Minnesota, including state hospitals, and also
includes a handicapped person or a person over 65 who employs a student to
provide personal services in or about the person's
residence of the handicapped person or the person over
65, or a private, for-profit employer employing a
student as an intern in a position directly related to the student's field of
study that will enhance the student's knowledge and skills in that field.
Internships must be under the supervision of a faculty member or other academic
employee at the institution.
state board of
technical of trustees of the Minnesota state
colleges and universities, the total cost of both
projects and the required local share for both projects are adjusted
accordingly. The agency proposing a transfer shall report to the chair of the
senate finance committee and the chair of the house of representatives ways and
means committee before the transfer is made under this subdivision.
state university board
of trustees of the Minnesota state colleges and
universities, the board of regents, or of the University of Minnesota, and their respective
campuses, in conjunction with the participating school districts, must control
costs for all participants as much as possible, through means such as arranging
housing exchanges, providing campus housing, and providing university, state, or
school district cars for transportation. The boards and campuses may seek other
sources of funding to supplement these appropriations, if necessary.
and
state board of education and the higher education
services office; and
commissioner higher education
services office.
and commissioner shall determine the time and
manner for scholarship applications, awards, and program approval.
system institution to have a
distinctive mission within the overall provision of public higher education in
the state and a responsibility to cooperate with the
each other systems. These
missions are as follows:
college
system colleges shall offer vocational training
and education to prepare students for skilled occupations that do not require a
baccalaureate degree;
college
system colleges shall offer lower division
instruction in academic programs, occupational programs in which all credits
earned will be accepted for transfer to a baccalaureate degree in the same field
of study, and remedial studies, for students transferring to baccalaureate
institutions and for those seeking associate degrees;
university system universities shall offer undergraduate and graduate
instruction through the master's degree, including specialist certificates, in
the liberal arts and sciences and professional education; and
(4) (5) the University of Minnesota shall offer
undergraduate, graduate, and professional instruction through the doctoral
degree, and shall be the primary state supported academic agency for research
and extension services.
board office for the same
purposes as the proceeds from the sale of revenue bonds including, but not
limited to, costs incurred in administering loans under this chapter and loan
reserve funds.
members director of the
office and shall bear such date or dates, mature at such time or times, not
exceeding 50 years from their respective dates, bear interest at such rate or
rates, payable at such time or times, be in denominations, be in such form,
either coupon or registered, carry such registration privileges, be executed in
such manner, be payable in lawful money of the United States of America at such
place or places, and be subject to such terms of redemption, as such resolution
or resolutions may provide. The revenue bonds or notes may be sold at public or
private sale for such price or prices as the office shall determine. Pending
preparation of the definitive bonds, the office may issue interim receipts or
certificates which shall be exchanged for such definite bonds.
$350,000,000 $500,000,000 and to issue notes, bond anticipation
notes, and revenue refunding bonds of the authority under the provisions of
sections 136A.25 to 136A.42, to provide funds for acquiring, constructing,
reconstructing, enlarging, remodeling, renovating, improving, furnishing, or
equipping one or more projects or parts thereof.
may shall adopt policies for licensure of teaching personnel
in technical colleges and for vocational technical
instructors teaching outside the Minnesota state colleges and universities
system. The board may establish a processing fee for the issuance, renewal,
or extension of a license.
118
118A, for the deposit of all money received or
referred to under this section. Whenever the board shall by resolution determine
that there are moneys in the state college or university funds not currently
needed, the board may by resolution authorize and direct the president of the
college or university to invest a specified amount in securities as are duly
authorized as legal investments for savings banks and trust companies.
Securities so purchased shall be deposited and held for the board by any bank or
trust company authorized to do a banking business in this state. Notwithstanding
the provisions of chapter 118 118A, the state board of investment may invest assets of
the board, colleges, and universities when requested by the board, college, or
university.
The All income from the permanent university fund is
appropriated annually to the board of regents. Authority
over this income is vested solely in the board but must be used by the board
directly to enhance the mission of the university. This appropriation of
income must not be used to reduce other appropriations made to the board of
regents. The determination of this income shall be based on the procedures
detailed in section 11A.16, subdivision 5, or 11A.12, subdivision 2.
department of children, families, and learning board of trustees of the Minnesota state colleges and
universities for the provision of evaluator training through at institutions that
offer the technical colleges training. The commissioner may contract with the technical colleges board to
reduce the training costs to the students. The commissioner may eliminate the
examination fee for persons seeking upgraded certificates. The commissioner may
also establish requirements for continuing education, periodic recertification,
and revocation of certification for evaluators.
agricultural extension service conflict and change center at the University of Minnesota's
Humphrey Institute or the director's designee.
1997 1998.
Intercollegiate Athletics, Sea Grant College Program,
Biological Process Technology Institute, and the Supercomputer Institute shall
be merged with the operation and maintenance funding in subdivision 2, effective
June 30, 1997.
and a campus
center, and food service. The college may use up to
$900,000 from auxiliary enterprise funds for this project.
procuring or attempting to
procure recruiting students or enrollees for a course of
instruction by solicitation in program using any
form made method, at any
place except on the actual business premises of the school and except for rendering, other
than only providing public information service at
the invitation or permission of a school or educational organization.
without outside the state,
that who maintains,
advertises, solicits, or conducts any course of instruction program
for profit or for a tuition charge at any level other than baccalaureate or graduate
programs, and which is not specifically exempted
by the provisions of sections 141.21 to 141.36 141.35.
OF
INSTRUCTION.] "Course of instruction" means any
classroom, correspondence, or extension course of
instruction; any subunit of a program; or any
combination thereof.
141.36 141.35 may be cited as the Private business, trade and correspondence Career School Act.
course of
instruction program in Minnesota without first
obtaining a license from the office.
course of instruction program after November 15,
1969, by or on behalf of any person operating any school to which a license
has not been issued pursuant to under sections 141.21 to 141.36 141.35, shall be
unenforceable in any action brought thereon.
(a) (1) the title or name of the school, together with
ownership and controlling officers, members, managing employees, and director;
(b) (2) the specific fields of
instruction programs which will be offered and
the specific purposes of such the instruction;
(c) (3) the place or places where such the instruction will be
given;
(d) (4) a listing of the equipment available for instruction
in each course of instruction program;
(e) (5) the maximum enrollment to be accommodated with
equipment available in each specified course of
instruction program;
(f) (6) the qualifications of instructors and supervisors in
each specified course of instruction program;
(g) (7) a current balance sheet, income statement, and adequate supporting documentation, prepared and
certified by an independent public accountant or CPA;
(h) (8) copies of all media advertising and promotional
literature and brochures currently used or reasonably expected to be used by such the school;
(i) (9) copies of all Minnesota enrollment agreement forms
and contract forms and all enrollment agreement forms and contract forms used in
Minnesota; and
course of
instruction program, unless the applicant files
with the office a continuous corporate surety bond in the
sum of $10,000 written by a company authorized to do
business in Minnesota conditioned upon the faithful performance of all
contracts and agreements with students made by the applicant. Such
of $10,000 deposited by the school under paragraph (b). The surety
of any such bond may cancel it upon giving 60 days
notice in writing to the office and shall be relieved of liability for any
breach of condition occurring after the effective date of cancellation.
the a sum of $10,000 equal to the amount of the required surety bond in cash,
or securities such as may be legally purchased by
savings banks or for trust funds in an aggregate market value of $10,000 equal to the amount of
the required surety bond.
domiciled located outside the
state of Minnesota which that offer, advertise, solicit for, or conduct any course of instruction program
within the state of Minnesota shall first file with the secretary of state a
sworn statement designating a resident agent authorized to receive service of
process. Such The
statement shall designate the secretary of state as resident agent for service
of process in the absence of an agent otherwise so designated. In the event a
school fails to file such the statement, the secretary of state is hereby designated as the resident agent authorized to
receive service of process. Such The authorization shall be irrevocable as to causes of
action arising out of transactions occurring prior to the filing of written
notice of withdrawal from the state of Minnesota filed with the secretary of
state.
(a) (1) that the applicant has a sound financial condition
with sufficient resources available to meet the school's financial obligations;
to refund all tuition and other charges, within a reasonable period of time, in
the event of dissolution of the school or in the event of any justifiable claims
for refund against the school by the student body; to provide adequate service
to its students and prospective students; and for the proper use and support of
the school to be maintained;
(b) (2) that the applicant has satisfactory training facilities with sufficient tools and equipment
and the necessary number of work stations to train prepare adequately the students currently enrolled, and
those proposed to be enrolled;
(c) (3) that the applicant employs a sufficient number of
qualified instructors trained by experience and
education teaching personnel to give provide the training educational programs
contemplated;
(d) (4)
that the school has an organizational framework with administrative and
instructional personnel to provide the programs and services it intends to
offer;
(e) (6) that each occupational course or program of instruction or study shall be of such the quality and content
as to provide education and training preparation which
will adequately prepare enrolled students for entry level positions in the
occupation for which trained prepared;
(f) (7) that the living quarters which are owned,
maintained, or approved by the applicant for students are sanitary and safe;
(g) (8) that the contract or enrollment agreement used by
the school complies with the following provisions: in section 141.265;
(1) the name and address of the
school must be clearly stated;
(2) inclusion of a clear and
conspicuous disclosure that such agreement becomes a legally binding instrument
upon written acceptance of the student by the school unless canceled pursuant to
section 141.271;
(3) must contain the school's
cancellation and refund policy which shall be clearly and conspicuously
entitled, "Buyer's Right to Cancel";
(4) the total cost of the course
including tuition and all other charges shall be clearly stated;
(5) the name and description of
the course, including the number of hours or credits of classroom instruction
and/or home study lessons shall be included;
(6) no contract or agreement
shall (9) that contracts and agreements do not
contain a wage assignment provision and/or or a confession of judgment clause; and
(7) each contract or enrollment
agreement shall contain a clear and conspicuous explanation of the form and
means of notice the student should use in the event the student elects to cancel
the contract or sale, the effective date of cancellation, and the name and
address of the seller to which the notice should be sent or delivered; and
(h) (10) that there has been no adjudication of fraud or
misrepresentation in any criminal, civil, or administrative proceeding in any
jurisdiction against the school or its owner, officers, agents, or sponsoring
organization.
(a) Applications for initial license under sections
141.21 to 141.36 141.35
shall be accompanied by a nonrefundable application fee established by the
office that is sufficient to recover, but not exceed, its administrative costs.
(b) All licenses shall expire
one year from the date issued by the office. Each renewal
application shall be accompanied by a nonrefundable renewal fee established by
the office that is sufficient to recover, but does not exceed, its
administrative costs.
(c) Application for renewal of
license shall be made at least 30 days before the expiration of the school's
current license. Each renewal form shall be supplied by the office. It shall not
be necessary for an applicant to supply all information required in the initial
application at the time of renewal unless requested by the office.
, other than one which offers
exclusively a correspondence course of instruction, the school shall furnish
to the office a catalog or brochure containing the following:
course program;
course program, withdraws from the
program, or the program is discontinued;
and
training preparation;
trained prepared or in related employment.
Before a license is issued to a school, Each school licensed under this chapter and located in Minnesota
shall maintain a permanent records record for all students enrolled at any time each student for 50 years from the last date of the
student's attendance. Each school licensed under this
chapter and offering a correspondence course of
instruction program to a student located in
Minnesota shall maintain a permanent records record for each
students enrolled at any
time student for 50 years from the last date of the
student's attendance. Records include school transcripts, documents, and
files containing student data about academic credits earned, courses completed,
grades awarded, degrees awarded, and periods of attendance. To preserve
permanent records, a school shall submit a plan that meets the following
requirements:
(a) (1) at least one copy of the records must be held in a
secure depository;
(b) (2) an appropriate official must be designated to
provide a student with copies of records or a transcript upon request;
(c) (3) an alternative method of complying with paragraphs (a) and (b) clauses
(1) and (2) must be established if the school ceases to exist; and
(d) (4) a continuous surety bond must be filed with the
office in an amount not to exceed $20,000 if the school has no binding agreement
for preserving student records or a trust must be arranged if the school ceases
to exist.
, parts
3530.6500 to 3530.7800.
NOTICE OF
ACCEPTANCE OR REJECTION; RIGHT TO REFUND STUDENT.] For the purposes of
this section, "student" means the party to the contract, whether the party is
the student, the student's parent or guardian, or other person on behalf of the
student.
which that utilizes uses a written
contract or enrollment agreement shall refund all tuition, fees and other
charges paid by a student, if the student gives written notice of cancellation
within five business days after the day on which the contract was executed
regardless of whether the course of instruction program has started.
With respect to those schools
utilizing a written contract or enrollment agreement, When a student has
been accepted by the school and has entered into a contractual agreement with
the school and gives written notice of cancellation following the fifth business
day after the date of execution of contract, but before the start of the course of instruction program
in the case of resident schools, or before the first lesson has been serviced by
the school in the case of correspondence (home study)
schools, all tuition, fees and other charges, except 15 percent of the total
cost of the course program
but not to exceed $50, shall be refunded to the student.
utilize use a written
contract or enrollment agreement shall refund all tuition, fees and other
charges paid by a student if the student gives written notice of cancellation
within five business days after the day on which the student is accepted by the
school regardless of whether the course of
instruction program has started.
With respect to those schools
not utilizing a written contract or enrollment agreement, When a student has
been accepted by the school and gives written notice of cancellation following
the fifth business day after the day of acceptance by the school, but before the
start of the course of instruction program, in the case of resident schools, or before the
first lesson has been serviced by the school, in the case of correspondence (home study) schools, all tuition, fees and other
charges, except 15 percent of the total cost of the course program but not to
exceed $50, shall be refunded to the student.
With
respect to all schools offering a resident course of instruction, When a
student has been accepted by the a school offering a resident
program and gives written notice of cancellation after the start of the
period of instruction for which the student has been charged, but before
completion of 75 percent of the period of instruction for
which the student has been charged, the amount charged for tuition, fees, and all other charges for the
completed portion of the period of instruction for which the student has been
charged shall not exceed the pro rata be prorated as a portion of the total charges for
tuition, fees, and all other charges that the length of the completed portion of the period of
instruction
. An additional 25 percent of the
total cost of the period of instruction
for which the
student has been charged may be added, but not to
exceed $100. After completion of 75 percent of the period of instruction for
which the student has been charged, no refunds are required.
With respect to all schools offering a correspondence (home
study) course of instruction, When a student has been accepted by the a correspondence school
and gives written notice of cancellation after the first lesson has been
completed by the student and serviced by the school, but before completion of 75
percent of the course of instruction program, the amount charged for tuition, fees and all
other charges for the completed lessons shall not exceed
the pro rata be prorated as a portion of the
total charges for tuition, fees and all other charges that the number of lessons completed by the student bears to
the total number of lessons offered, plus. An
additional 25 percent of the total cost of the course program may be added
but not to exceed $75. After completion of 75 percent of the course of instruction program, no refunds are required.
With respect to all schools offering a combination
correspondence (home study)-resident course of instruction, When a student
has been accepted by the a
school that offers a combination correspondence-residence
program and gives written notice of cancellation after the start of the course of instruction program
or after the first lesson has been completed by the student and serviced by the
school, whichever phase comes first, the school shall refund all tuition, fees
and other charges as provided for in subdivision 4 if
cancellation occurs during the resident portion, and as provided for in
subdivision 5 if cancellation occurs during the correspondence portion; provided that,. If the
cancellation occurs before the student has commenced one of the phases, the
price of that phase shall not be considered in making the proration and the
student shall be entitled to a full refund of the price
thereof charges. Conversely, if the student has
completed a phase of the course program before cancellation, the price thereof charges may be
retained by the school provided that the total tuition, fees and other charges
for each phase have been stated separately in the school's catalog and contract
or enrollment agreement.
course of instruction program. Prior to such that time, such instruments
may be transferred by assignment to purchasers who shall be subject to all
defenses available against the school named as payee.
course program, if such the school, agent, or solicitor knows or reasonably should have known the
statement or representation to be false, fraudulent, deceptive, substantially
inaccurate, or misleading.
COURSE PROGRAM COMPLETION OR EMPLOYMENT.] No school, agent, or solicitor shall enroll a prospective student when
it is obvious that the prospective student is unlikely to successfully complete
a course of instruction program or is unlikely to qualify for employment in the
vocation or field for which the training preparation is designed unless this fact is
affirmatively disclosed to the prospective student. If a prospective student
expresses a desire to enroll after such disclosure, a disclaimer may be obtained
by the school. Such The
disclaimer shall be signed by the student and shall state substantially as
follows: "I am fully aware that it is unlikely I will be able to successfully
complete the course of instruction program" and/or "I am fully aware of the improbability
or impossibility that I will qualify for employment in the vocation or field for
which the course program
was designed."
pursuant
to under chapter 14 if requested by the parties
adversely affected, refuse to issue, refuse to renew, revoke, or suspend any
license or solicitor's permit for any one or any combination of the following
grounds:
(a) (1) violation of any provisions of sections 141.21 to 141.36 141.35 or any rule promulgated adopted by the
office;
(b) (2) furnishing to the office false, misleading, or
incomplete information;
(c) (3) presenting to prospective students information
relating to the school which is false, fraudulent, deceptive, substantially
inaccurate, or misleading;
(d) (4) refusal to allow reasonable inspection or supply
reasonable information after written request therefor
by the office;
(e) (5) the existence of any circumstance which would be
grounds for the refusal of an initial or renewal license under section 141.25.
141.36 141.35.
None of the provisions of
Sections 141.21 to 141.36 141.35 shall not apply to the
following:
(a) (1) colleges authorized by the
laws of Minnesota or of any other state or foreign country to grant degrees
public post-secondary institutions;
(b) (3) schools of nursing accredited by the state board of
nursing or an equivalent public board of another state or foreign country;
(c) public schools as defined in
section 120.05;
(d) (4) private schools complying with the requirements of
section 120.101, subdivision 2 4;
(e) private and parochial
nonprofit schools exempt from taxation under the constitution of Minnesota;
(f) (5) courses taught to students in a valid apprenticeship
program taught by or required by a trade union;
(g) (6) schools exclusively engaged in training physically
or mentally handicapped persons for the state of Minnesota;
(h) (7) schools now or hereafter
licensed by boards authorized under Minnesota law to issue such licenses;
(i) (8) schools and educational programs, or training
programs, conducted by persons, firms, corporations, or associations, for the
training of their own employees, for which no fee is charged the employee;
(j) (9) schools engaged exclusively in the teaching of
purely avocational, recreational, or remedial subjects as determined by the
office. Private schools teaching a method or procedure to
increase the speed with which a student reads are not within this exemption;
(k) (10) driver training schools and instructors as defined
in section 171.33, subdivisions 1 and 2;
(l) (11) classes, courses, or programs conducted by a bona
fide trade, professional, or fraternal organization, solely for that
organization's membership;
(m) courses of instruction (12) programs in the fine arts provided by organizations
exempt from taxation pursuant to under section 290.05 and registered with the attorney
general pursuant to under
chapter 309. "Fine arts" means activities resulting in artistic creation or
artistic performance of works of the imagination which are engaged in for the
primary purpose of creative expression rather than commercial sale or
employment. In making this determination the office may seek the advice and
recommendation of the Minnesota board of the arts;
(n) (13) classes, courses, or programs intended to fulfill
the continuing education requirements for licensure or certification in a
profession, which classes, courses, or programs that have been approved by a legislatively or judicially
established board or agency responsible for regulating the practice of the
profession, and which that
are offered primarily to a person who currently
practices people practicing the profession;
(o) (14) classes, courses, or programs intended to prepare
students to sit for undergraduate, graduate, postgraduate, or occupational
licensing and occupational entrance examinations;
of a seminar nature providing 16 or fewer clock hours of instruction that are not part of the
curriculum for an occupation or are not intended to prepare a person for entry
level employment;
(q) (16) classes, courses, or programs of a seminar nature providing instruction in personal
development, modeling, or acting; and
(r) (17) training or instructional programs, in which one
instructor teaches an individual student, that are not part of the curriculum
for an occupation or are not intended to prepare a person for entry level
employment; and
INTRODUCTION AND FIRST READING OF HOUSE BILLS
| Abrams | Evans | Kelso | McCollum | Peterson | Tingelstad |
| Anderson, B. | Farrell | Kielkucki | McElroy | Pugh | Tomassoni |
| Anderson, I. | Finseth | Kinkel | McGuire | Rest | Tompkins |
| Bakk | Folliard | Knight | Milbert | Reuter | Trimble |
| Bettermann | Garcia | Knoblach | Molnau | Rhodes | Tuma |
| Biernat | Goodno | Koppendrayer | Mulder | Rifenberg | Tunheim |
| Bishop | Greenfield | Koskinen | Mullery | Rostberg | Van Dellen |
| Boudreau | Greiling | Kraus | Munger | Rukavina | Vickerman |
| Bradley | Gunther | Krinkie | Murphy | Schumacher | Wagenius |
| Broecker | Haas | Kubly | Ness | Seagren | Weaver |
| Carlson | Harder | Kuisle | Nornes | Seifert | Wejcman |
| Chaudhary | Hasskamp | Larsen | Olson, E. | Sekhon | Wenzel |
| Clark | Hausman | Leighton | Olson, M. | Skare | Westfall |
| Commers | Hilty | Leppik | Opatz | Skoglund | Westrom |
| Daggett | Holsten | Lieder | Orfield | Slawik | Winter |
| Davids | Huntley | Lindner | Osskopp | Smith | Wolf |
| Dawkins | Jaros | Long | Osthoff | Solberg | Workman |
| Dehler | Jefferson | Luther | Otremba | Stanek | Spk. Carruthers |
| Delmont | Jennings | Macklin | Ozment | Stang | |
| Dempsey | Johnson, A. | Mahon | Paulsen | Sviggum | |
| Dorn | Johnson, R. | Mares | Pawlenty | Swenson, D. | |
| Entenza | Juhnke | Mariani | Paymar | Swenson, H. | |
| Erhardt | Kalis | Marko | Pelowski | Sykora | |
| Abrams | Evans | Kelso | McCollum | Peterson | Tingelstad |
| Anderson, B. | Farrell | Kielkucki | McElroy | Pugh | Tomassoni |
| Anderson, I. | Finseth | Kinkel | McGuire | Rest | Tompkins |
| Bakk | Folliard | Knight | Milbert | Reuter | Trimble |
| Bettermann | Garcia | Knoblach | Molnau | Rhodes | Tuma |
| Biernat | Goodno | Koppendrayer | Mulder | Rifenberg | Tunheim |
| Bishop | Greenfield | Koskinen | Mullery | Rostberg | Van Dellen |
| Boudreau | Greiling | Kraus | Munger | Rukavina | Vickerman |
| Bradley | Gunther | Krinkie | Murphy | Schumacher | Wagenius |
| Broecker | Haas | Kubly | Ness | Seagren | Weaver |
| Carlson | Harder | Kuisle | Nornes | Seifert | Wejcman |
| Chaudhary | Hasskamp | Larsen | Olson, E. | Sekhon | Wenzel |
| Clark | Hausman | Leighton | Olson, M. | Skare | Westfall |
| Commers | Hilty | Leppik | Opatz | Skoglund | Westrom |
| Daggett | Holsten | Lieder | Orfield | Slawik | Winter |
| Davids | Huntley | Lindner | Osskopp | Smith | Wolf |
| Dawkins | Jaros | Long | Osthoff | Solberg | Workman |
| Dehler | Jefferson | Luther | Otremba | Stanek | Spk. Carruthers |
| Delmont | Jennings | Macklin | Ozment | Stang | |
| Dempsey | Johnson, A. | Mahon | Paulsen | Sviggum | |
| Dorn | Johnson, R. | Mares | Pawlenty | Swenson, D. | |
| Entenza | Juhnke | Mariani | Paymar | Swenson, H. | |
| Erhardt | Kalis | Marko | Pelowski | Sykora | |
The bill was passed and its title agreed to.
S. F. No. 127, A bill for an act relating to the environment; modifying requirements relating to certain environmental advisory councils; amending Minnesota Statutes 1996, sections 115A.12; and 473.803, subdivision 4; repealing Minnesota Statutes 1996, section 473.149, subdivision 4.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 127 yeas and 3 nays as follows:
Those who voted in the affirmative were:
| Abrams | Erhardt | Juhnke | McCollum | Peterson | Tingelstad |
| Anderson, B. | Evans | Kalis | McElroy | Pugh | Tomassoni |
| Anderson, I. | Farrell | Kelso | McGuire | Rest | Tompkins |
| Bakk | Finseth | Kielkucki | Milbert | Reuter | Trimble |
| Bettermann | Folliard | Kinkel | Molnau | Rhodes | Tuma |
| Biernat | Garcia | Knoblach | Mullery | Rifenberg | Tunheim |
| Bishop | Goodno | Koppendrayer | Munger | Rostberg | Van Dellen |
| Boudreau | Greenfield | Koskinen | Murphy | Rukavina | Vickerman |
| Bradley | Greiling | Kraus | Ness | Schumacher | Wagenius |
| Broecker | Gunther | Kubly | Nornes | Seagren | Weaver |
| Carlson | Haas | Kuisle | Olson, E. | Seifert | Wejcman |
| Chaudhary | Harder | Larsen | Olson, M. | Sekhon | Wenzel |
| Clark | Hasskamp | Leighton | Opatz | Skare | Westfall |
| Commers | Hausman | Leppik | Orfield | Skoglund | Westrom |
| Daggett | Hilty | Lieder | Osskopp | Slawik | Winter |
| Davids | Holsten | Lindner | Osthoff | Solberg | Workman |
|
Journal of the House - 39th Day - Top of Page 2110 |
|||||
| Dawkins | Huntley | Long | Otremba | Stanek | Spk. Carruthers |
| Dehler | Jaros | Luther | Ozment | Stang | |
| Delmont | Jefferson | Macklin | Paulsen | Sviggum | |
| Dempsey | Jennings | Mahon | Pawlenty | Swenson, D. | |
| Dorn | Johnson, A. | Mariani | Paymar | Swenson, H. | |
| Entenza | Johnson, R. | Marko | Pelowski | Sykora | |
Those who voted in the negative were:
| Knight | Krinkie | Smith |
The bill was passed and its title agreed to.
S. F. No. 137, A bill for an act relating to natural resources; modifying the provisions of the youth corps advisory committee; authorizing the commissioner to make certain contracts and grants; making conservation corps crew services available for natural resources projects; changing the method of allocation of conservation corps crew services; amending Minnesota Statutes 1996, sections 84.0887, subdivision 4, and by adding a subdivision; and 84.99.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 84 yeas and 49 nays as follows:
Those who voted in the affirmative were:
| Anderson, I. | Evans | Jennings | Macklin | Orfield | Skoglund |
| Bakk | Farrell | Johnson, A. | Mahon | Osthoff | Slawik |
| Biernat | Finseth | Johnson, R. | Mares | Otremba | Smith |
| Carlson | Folliard | Juhnke | Mariani | Paymar | Solberg |
| Chaudhary | Garcia | Kalis | Marko | Pelowski | Tingelstad |
| Clark | Greenfield | Kelso | McCollum | Peterson | Tomassoni |
| Daggett | Greiling | Kinkel | McGuire | Pugh | Tompkins |
| Dawkins | Hasskamp | Koskinen | Milbert | Rest | Trimble |
| Dehler | Hausman | Kubly | Mullery | Rhodes | Tunheim |
| Delmont | Hilty | Leighton | Munger | Rostberg | Wagenius |
| Dempsey | Holsten | Leppik | Murphy | Rukavina | Wejcman |
| Dorn | Huntley | Lieder | Ness | Schumacher | Wenzel |
| Entenza | Jaros | Long | Olson, E. | Sekhon | Winter |
| Erhardt | Jefferson | Luther | Opatz | Skare | Spk. Carruthers |
Those who voted in the negative were:
| Abrams | Goodno | Krinkie | Osskopp | Stang | Westfall |
| Anderson, B. | Gunther | Kuisle | Ozment | Sviggum | Westrom |
| Bettermann | Haas | Larsen | Paulsen | Swenson, D. | Wolf |
| Bishop | Harder | Lindner | Pawlenty | Swenson, H. | Workman |
| Boudreau | Kielkucki | McElroy | Reuter | Sykora | |
| Bradley | Knight | Molnau | Rifenberg | Tuma | |
| Broecker | Knoblach | Mulder | Seagren | Van Dellen | |
| Commers | Koppendrayer | Nornes | Seifert | Vickerman | |
| Davids | Kraus | Olson, M. | Stanek | Weaver | |
The bill was passed and its title agreed to.
Skoglund and Farrell were excused for the remainder of
today's session.
H. F. No. 1314 was reported to the House.
Hausman moved to amend H. F. No. 1314 as follows:
Page 2, line 5, after "other" insert "motor
vehicle"
Page 2, line 8, after the first comma, insert "other than a motor vehicle recycling facility, that is"
and delete the second comma
Page 2, line 9, delete "that" and insert "and" and
delete everything after "used" and insert "for storing, keeping, buying, dismantling, crushing, or
selling wrecked, scrapped, ruined, or partially dismantled motor vehicles where
the parts, motor vehicle hulks, or other motor vehicle scrap material stored is
equal in bulk to ten or more vehicles."
Page 2, delete lines 10 to 12
The motion prevailed and the amendment was adopted.
Kelso and Macklin moved to amend H. F. No. 1314, as
amended, as follows:
Page 3, after line 22, insert:
"Sec. 3. Minnesota Statutes 1996, section 373.01,
subdivision 1, is amended to read:
Subdivision 1. [PUBLIC CORPORATION; LISTED POWERS.] Each
county is a body politic and corporate and may:
(1) Sue and be sued.
(2) Acquire and hold real and personal property for the
use of the county, and lands sold for taxes as provided by law.
(3) Purchase and hold for the benefit of the county real
estate sold by virtue of judicial proceedings, to which the county is a party.
(4) Sell, lease, and convey real or personal estate
owned by the county, and give contracts or options to sell, lease, or convey it,
and make orders respecting it as deemed conducive to the interests of the
county's inhabitants.
No sale, lease, or conveyance of real estate owned by
the county, except the lease of a residence acquired for the furtherance of an
approved capital improvement project, nor any contract or option for it, shall
be valid, without first advertising for bids or proposals in the official
newspaper of the county for three consecutive weeks and once in a newspaper of
general circulation in the area where the property is located. The notice shall
state the time and place of considering the proposals, contain a legal
description of any real estate, and a brief description of any personal
property. Leases that do not exceed $15,000 for any one year may be negotiated
and are not subject to the competitive bid procedures of this section. All
proposals estimated to exceed $15,000 in any one year shall be considered at the
time set for the bid opening, and the one most favorable to the county accepted,
but the county board may, in the interest of the county, reject any or all
proposals. Sales of personal property the value of which is estimated to be
$15,000 or more shall be made only after advertising for bids or proposals as
provided for real estate. Sales of personal property the value of which is
estimated to be less than $15,000 may be made either on competitive bids or in
the open market, in the discretion of the county board.
Notwithstanding anything to the contrary herein, the
county may, when acquiring real property for county highway right-of-way,
exchange parcels of real property of substantially similar or equal value
without advertising for bids. The estimated values for these parcels shall be
determined by the county assessor.
If real estate or personal property remains unsold after
advertising for and consideration of bids or proposals the county may employ a
broker to sell the property. The broker may sell the property for not less than
90 percent of its appraised market value as determined by the county. The
broker's fee shall be set by agreement with the county but may not exceed ten
percent of the sale price and must be paid from the proceeds of the sale.
A county or its agent may rent a county-owned residence
acquired for the furtherance of an approved capital improvement project subject
to the conditions set by the county board and not subject to the conditions for
lease otherwise provided by this clause.
In no case shall lands be disposed of without there
being reserved to the county all iron ore and other valuable minerals in and
upon the lands, with right to explore for, mine and remove the iron ore and
other valuable minerals, nor shall the minerals and mineral rights be disposed
of, either before or after disposition of the surface rights, otherwise than by
mining lease, in similar general form to that provided by section 93.20 for
mining leases affecting state lands. The lease shall be for a term not exceeding
50 years, and be issued on a royalty basis, the royalty to be not less than 25
cents per ton of 2,240 pounds, and fix a minimum amount of royalty payable
during each year, whether mineral is removed or not. Prospecting options for
mining leases may be granted for periods not exceeding one year. The options
shall require, among other things, periodical showings to the county board of
the results of exploration work done. Minerals subject
to reservation and lease by a county under this section do not include minerals
defined as aggregate material in section 298.75, subdivision 1, clause (1).
(5) Make all contracts and do all other acts in relation
to the property and concerns of the county necessary to the exercise of its
corporate powers."
Page 3, line 24, delete "and
2" and insert "to 3"
Renumber the sections in sequence
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Biernat, Pugh, Jefferson and Munger moved to amend H. F.
No. 1314, as amended, as follows:
Page 3, after line 22, insert:
"Sec. 3. [METAL SHREDDING FACILITIES IN THE MISSISSIPPI
RIVER CRITICAL AREA.]
A metal shredding facility
located upstream from United States Corps of Engineers Lock and Dam Number Two
in the Mississippi river critical area, established under Minnesota Statutes
1996, section 116G.15, is prohibited from shredding motor vehicles as part of
its metal materials reclamation operations."
Renumber the sections in sequence and correct internal
references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Biernat et al amendment
and the roll was called. There were 67 yeas and 64 nays as follows:
Those who voted in the affirmative were:
| Anderson, I. | Garcia | Juhnke | Marko | Pelowski | Trimble |
| Bakk | Greenfield | Kalis | McCollum | Peterson | Tunheim |
| Biernat | Greiling | Kinkel | McGuire | Pugh | Wagenius |
| Carlson | Hasskamp | Koskinen | Milbert | Rest | Wejcman |
| Chaudhary | Hausman | Kubly | Mullery | Rhodes | Wenzel |
| Clark | Hilty | Leighton | Munger | Rukavina | Winter |
| Dawkins | Huntley | Leppik | Murphy | Schumacher | Spk. Carruthers |
| Delmont | Jaros | Lieder | Olson, E. | Sekhon | |
| Dorn | Jefferson | Long | Orfield | Skare | |
| Entenza | Jennings | Luther | Osthoff | Slawik | |
| Evans | Johnson, A. | Mahon | Otremba | Solberg | |
| Folliard | Johnson, R. | Mariani | Paymar | Tomassoni | |
Those who voted in the negative were:
| Abrams | Dempsey | Knoblach | Mulder | Rostberg | Tompkins |
| Anderson, B. | Erhardt | Koppendrayer | Ness | Seagren | Tuma |
| Bettermann | Finseth | Kraus | Nornes | Seifert | Van Dellen |
| Bishop | Goodno | Krinkie | Olson, M. | Smith | Vickerman |
| Boudreau | Gunther | Kuisle | Opatz | Stanek | Weaver |
| Bradley | Haas | Larsen | Osskopp | Stang | Westfall |
| Broecker | Harder | Lindner | Ozment | Sviggum | Westrom |
| Commers | Holsten | Macklin | Paulsen | Swenson, D. | Wolf |
| Daggett | Kelso | Mares | Pawlenty | Swenson, H. | Workman |
| Davids | Kielkucki | McElroy | Reuter | Sykora | |
| Dehler | Knight | Molnau | Rifenberg | Tingelstad | |
The motion prevailed and the amendment was adopted.
H. F. No. 1314, A bill for an act relating to the environment; modifying provisions relating to scrap motor vehicle facilities; amending Minnesota Statutes 1996, sections 116.66; and 116.67.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 70 yeas and 61 nays as follows:
Those who voted in the affirmative were:
| Anderson, I. | Garcia | Juhnke | Mariani | Otremba | Slawik |
| Bakk | Greenfield | Kalis | Marko | Ozment | Solberg |
| Biernat | Greiling | Kelso | McCollum | Paymar | Tomassoni |
| Carlson | Hasskamp | Kinkel | McGuire | Pelowski | Trimble |
| Chaudhary | Hausman | Koskinen | Milbert | Peterson | Tunheim |
| Clark | Hilty | Kubly | Mullery | Pugh | Wagenius |
| Dawkins | Huntley | Leighton | Munger | Rest | Wejcman |
| Delmont | Jaros | Leppik | Murphy | Rhodes | Wenzel |
| Dorn | Jefferson | Lieder | Olson, E. | Rukavina | Winter |
| Entenza | Jennings | Long | Opatz | Schumacher | Spk. Carruthers |
| Evans | Johnson, A. | Luther | Orfield | Sekhon | |
| Folliard | Johnson, R. | Mahon | Osthoff | Skare | |
Those who voted in the negative were:
| Abrams | Dempsey | Koppendrayer | Ness | Smith | Vickerman |
| Anderson, B. | Erhardt | Kraus | Nornes | Stanek | Weaver |
| Bettermann | Finseth | Krinkie | Olson, M. | Stang | Westfall |
| Bishop | Goodno | Kuisle | Osskopp | Sviggum | Westrom |
| Boudreau | Gunther | Larsen | Paulsen | Swenson, D. | Wolf |
| Bradley | Haas | Lindner | Pawlenty | Swenson, H. | Workman |
| Broecker | Harder | Macklin | Reuter | Sykora | |
| Commers | Holsten | Mares | Rifenberg | Tingelstad | |
| Daggett | Kielkucki | McElroy | Rostberg | Tompkins | |
| Davids | Knight | Molnau | Seagren | Tuma | |
| Dehler | Knoblach | Mulder | Seifert | Van Dellen | |
The bill was passed, as amended, and its title agreed to.
S. F. No. 1675 was reported to the House.
Jefferson moved that S. F. No. 1675 be continued on Special Orders. The motion prevailed.
Winter moved that the remaining bills on Special Orders for today be continued. The motion prevailed.
Winter moved that the bills on General Orders for today be continued. The motion prevailed.
Pelowski moved that the name of Abrams be added as an author on H. F. No. 1007. The motion prevailed.
Sekhon moved that the name of Commers be added as an author on H. F. No. 1116. The motion prevailed.
Peterson moved that the name of Mulder be added as an author on H. F. No. 1426. The motion prevailed.
Jennings moved that the name of Mulder be added as an author on H. F. No. 2088. The motion prevailed.
Westrom moved that the name of Mulder be added as an author on H. F. No. 2143. The motion prevailed.
Lieder moved that the name of Tunheim be added as an author on H. F. No. 2144. The motion prevailed.
Luther moved that S. F. No. 574 be recalled from the Committee on Environment, Natural Resources and Agriculture Finance and together with H. F. No. 311, now on Technical General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
Mulder moved that H. F. No. 1714 be returned to its author. The motion prevailed.
Rhodes moved that H. F. No. 1720 be returned to its author. The motion prevailed.
Mulder moved that H. F. No. 1733 be returned to its
author. The motion prevailed.
Mulder moved that H. F. No. 1837 be returned to its
author. The motion prevailed.
Mulder moved that H. F. No. 1999 be returned to its
author. The motion prevailed.
Westrom moved that H. F. No. 2005 be returned to its
author. The motion prevailed.
The Speaker announced the appointment of the following
members of the House to a Conference Committee on S. F. No. 1:
Jennings, Greenfield, Wejcman, Bradley and Goodno.
Winter moved that when the House adjourns today it
adjourn until 2:30 p.m., Wednesday, April 16, 1997. The motion prevailed.
Winter moved that the House adjourn. The motion
prevailed, and Speaker pro tempore Opatz declared the House stands adjourned
until 2:30 p.m., Wednesday, April 16, 1997.
Edward A. Burdick, Chief Clerk, House of Representatives