Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5153

 

STATE OF MINNESOTA

 

 

NINETY-FIRST SESSION - 2019

 

_____________________

 

FORTY-FOURTH DAY

 

Saint Paul, Minnesota, Tuesday, April 30, 2019

 

 

      The House of Representatives convened at 10:00 a.m. and was called to order by Liz Olson, Speaker pro tempore.

 

      Prayer was offered by Chaplain Daryl Thul, 34th Combat Aviation Brigade and Pastor at South Santiago Lutheran Church, Becker, Minnesota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The Speaker assumed the Chair.

 

      The roll was called and the following members were present:

 


Acomb

Albright

Anderson

Backer

Bahner

Bahr

Baker

Becker-Finn

Bennett

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Daniels

Daudt

Davids

Davnie

Dehn

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Fabian

Fischer

Franson

Freiberg

Garofalo

Gomez

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Hansen

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hornstein

Howard

Huot

Johnson

Jurgens

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Loeffler

Long

Lucero

Lueck

Mahoney

Mann

Mariani

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Moran

Morrison

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu

Noor

Nornes

Olson

O'Neill

Pelowski

Persell

Petersburg

Pinto

Poppe

Poston

Pryor

Quam

Richardson

Robbins

Runbeck

Sandell

Sandstede

Sauke

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Tabke

Theis

Torkelson

Urdahl

Vang

Vogel

Wagenius

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Zerwas

Spk. Hortman


 

      A quorum was present.

 

      Hassan was excused.

 

      Halverson, O'Driscoll and Pierson were excused until 2:30 p.m.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5154

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House File was introduced:

 

 

Heintzeman; Nash; O'Neill; Anderson; Jurgens; Boe; Heinrich; Gruenhagen; Dettmer; Nelson, N., and Runbeck introduced:

 

H. F. No. 2862, A resolution memorializing the President and Congress to hold vaccine manufacturers liable for design defects that result in adverse side effects from vaccines.

 

The bill was read for the first time and referred to the Committee on Government Operations.

 

 

MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:

 

 

Madam Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned: 

 

H. F. No. 554, A bill for an act relating to human services; permitting parent to petition for reestablishment of the legal parent and child relationship; amending Minnesota Statutes 2018, section 260C.329, subdivisions 3, 7, 8, by adding subdivisions; repealing Minnesota Statutes 2018, section 260C.329, subdivision 5.

 

Cal R. Ludeman, Secretary of the Senate

 

 

Madam Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned: 

 

H. F. No. 2181, A bill for an act relating to economic development; creating a Telecommuter Forward!  certification; proposing coding for new law in Minnesota Statutes, chapter 116J.

 

Cal R. Ludeman, Secretary of the Senate

 

 

Madam 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. 2208, A bill for an act relating to state government; establishing a budget for economic development, telecommunications, and energy; appropriating money to the broadband grant program; establishing a budget to finance energy-related activities; creating renewable energy grant programs; modifying and establishing various provisions governing energy policy and finance; strengthening requirements for clean energy and energy


Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5155

conservation in Minnesota; appropriating money for jobs and economic development; establishing paid family leave insurance; modifying economic development programs; establishing wage theft prevention; providing for earned sick and safe time; modifying labor and industry policy provisions; modifying commerce policy provisions; adopting Unemployment Insurance Advisory Council provisions; modifying unemployment insurance policy; modifying Bureau of Mediation Services policy; establishing guidelines relating to unclaimed property; modifying fees; increasing civil and criminal penalties; authorizing rulemaking; requiring reports; appropriating money; amending Minnesota Statutes 2018, sections 13.43, subdivision 6; 13.685; 13.719, by adding a subdivision; 15.72, subdivision 2; 16C.285, subdivision 3; 47.59, subdivision 2; 47.60, subdivision 2; 47.601, subdivisions 2, 6; 53.04, subdivision 3a; 56.131, subdivision 1; 116C.7792; 116J.8731, subdivision 5; 116J.8748, subdivisions 4, 6; 175.46, subdivisions 3, 13; 176.1812, subdivision 2; 176.231, subdivision 1; 177.27, subdivisions 2, 4, 7, by adding subdivisions; 177.30; 177.32, subdivision 1; 179.86, subdivisions 1, 3; 179A.041, by adding a subdivision; 181.03, subdivision 1, by adding subdivisions; 181.032; 181.101; 181.635, subdivision 2; 181.942, subdivision 1; 182.659, subdivision 8; 182.666, subdivisions 1, 2, 3, 4, 5, by adding a subdivision; 216B.16, subdivision 13, by adding a subdivision; 216B.1641; 216B.1645, subdivisions 1, 2; 216B.1691, subdivisions 1, 2b, 9, by adding a subdivision; 216B.2401; 216B.241, subdivisions 1a, 1c, 1d, 1f, 2, 2b, 3, 5, 7, 9, by adding a subdivision; 216B.2422, subdivisions 1, 2, 3, 4, 5, by adding subdivisions; 216B.243, subdivisions 3, 3a; 216B.62, subdivision 3b; 216C.435, subdivisions 3a, 8; 216C.436, subdivision 4, by adding a subdivision; 216F.04; 216F.08; 256J.561, by adding a subdivision; 256J.95, subdivisions 3, 11; 256P.01, subdivision 3; 268.035, subdivisions 4, 12, 15, 20; 268.044, subdivisions 2, 3; 268.046, subdivision 1; 268.047, subdivision 3; 268.051, subdivision 2a; 268.057, subdivision 5; 268.069, subdivision 1; 268.07, subdivision 1; 268.085, subdivisions 3, 3a, 8, 13a, by adding subdivisions; 268.095, subdivisions 6, 6a; 268.105, subdivision 6; 268.145, subdivision 1; 268.18, subdivisions 2b, 5; 268.19, subdivision 1; 326B.082, subdivisions 6, 8, 12; 326B.103, subdivision 11; 326B.106, subdivision 9, by adding a subdivision; 326B.46, by adding a subdivision; 326B.475, subdivision 4; 326B.802, subdivision 15; 326B.821, subdivision 21; 326B.84; 337.10, subdivision 4; 341.30, subdivision 1; 341.32, subdivision 1; 341.321; 345.515; 345.53, by adding a subdivision; 609.52, subdivisions 1, 2, 3; Laws 2014, chapter 211, section 13, as amended; Laws 2017, chapter 94, article 1, section 2, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 13; 16C; 116J; 116L; 177; 181; 216B; 216C; 216H; 325F; proposing coding for new law as Minnesota Statutes, chapters 58B; 268B; 345A; repealing Minnesota Statutes 2018, sections 181.9413; 216B.241, subdivisions 1, 2c, 4; 325F.75; Laws 2017, chapter 94, article 1, section 7, subdivision 7.

 

Cal R. Ludeman, Secretary of the Senate

 

 

      Mahoney moved that the House refuse to concur in the Senate amendments to H. F. No. 2208, that the Speaker appoint a Conference Committee of 5 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.

 

 

Madam Speaker:

 

      I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

 

      S. F. Nos. 326, 328, 646, 1703 and 1732.

 

Cal R. Ludeman, Secretary of the Senate


Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5156

FIRST READING OF SENATE BILLS

 

 

S. F. No. 326, A bill for an act relating to health; modifying requirements for supervisors of temporary body art technicians; amending Minnesota Statutes 2018, section 146B.03, by adding a subdivision; repealing Minnesota Statutes 2018, section 146B.02, subdivision 7a.

 

The bill was read for the first time. 

 

Zerwas moved that S. F. No. 326 and H. F. No. 783, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

S. F. No. 328, A bill for an act relating to health; modifying a hospital construction or modification moratorium exception for an existing hospital in Carver County; amending Minnesota Statutes 2018, section 144.551, subdivision 1.

 

The bill was read for the first time. 

 

Nash moved that S. F. No. 328 and H. F. No. 1393, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

S. F. No. 646, A bill for an act relating to transportation; renaming a bridge over the Mississippi River in Red Wing; amending Minnesota Statutes 2018, section 161.14, subdivision 16.

 

The bill was read for the first time. 

 

Haley moved that S. F. No. 646 and H. F. No. 548, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

S. F. No. 1703, A bill for an act relating to commerce; eliminating supermajority requirements for conversion, merger, or consolidation of credit unions; amending Minnesota Statutes 2018, sections 52.201; 52.203.

 

The bill was read for the first time. 

 

Kotyza-Witthuhn moved that S. F. No. 1703 and H. F. No. 1578, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

S. F. No. 1732, A bill for an act relating to health; permitting certain outpatient surgical centers to share a facility; amending Minnesota Statutes 2018, section 144.55, subdivisions 1, 2, 9, by adding subdivisions; repealing Minnesota Statutes 2018, section 144.55, subdivision 10.

 

The bill was read for the first time. 

 

Robbins moved that S. F. No. 1732 and H. F. No. 1407, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.


Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5157

           Winkler moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by the Speaker.

 

 

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Winkler from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bills to be placed on the Calendar for the Day for Thursday, May 2, 2019 and established a prefiling requirement for amendments offered to the following bills:

 

      H. F. Nos. 1487 and 653.

 

 

ANNOUNCEMENT BY THE SPEAKER

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2208:

 

      Mahoney, Wagenius, Stephenson, Long and Hassan.

 

 

CALENDAR FOR THE DAY

 

 

TAKEN FROM TABLE

 

      Winkler moved that S. F. No. 2415, the third engrossment, be taken from the table.  The motion prevailed.

 

 

      S. F. No. 2415, the third engrossment, was again reported to the House.

 

 

      Bernardy moved to amend S. F. No. 2415, the third engrossment, as follows:

 

      Delete everything after the enacting clause and insert the following language of H. F. No. 2544, the first engrossment:

 

"ARTICLE 1

HIGHER EDUCATION APPROPRIATIONS

 

Section 1.  APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2020" and "2021" used in this article mean that the


Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5158

appropriations listed under them are available for the fiscal year ending June 30, 2020, or June 30, 2021, respectively.  "The first year" is fiscal year 2020.  "The second year" is fiscal year 2021.  "The biennium" is fiscal years 2020 and 2021.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2020

2021

 

Sec. 2.  MINNESOTA OFFICE OF HIGHER EDUCATION

 

 

 

 

Subdivision 1.  Total Appropriation

 

$274,318,000

 

$270,220,000

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

Subd. 2.  State Grants

 

208,366,000

 

203,768,000

 

If the appropriation in this subdivision for either year is insufficient, the appropriation for the other year is available for it.  The base for this appropriation in fiscal year 2022 and all years thereafter is $198,356,000

 

Subd. 3.  Child Care Grants

 

6,694,000

 

6,694,000

 

Subd. 4.  State Work-Study

 

14,502,000

 

14,502,000

 

Subd. 5.  Interstate Tuition Reciprocity

 

11,018,000

 

11,018,000

 

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. 6.  Safety Officer's Survivors

 

100,000

 

100,000

 

This appropriation is to provide educational benefits under Minnesota Statutes, section 299A.45, to eligible dependent children and to the spouses of public safety officers killed in the line of duty.

 

If the appropriation in this subdivision for either year is insufficient, the appropriation for the other year is available for it.

 

Subd. 7.  American Indian Scholarships

 

3,500,000

 

3,500,000

 

The commissioner must contract with or employ at least one person with demonstrated competence in American Indian culture and residing in or near the city of Bemidji to assist students with the scholarships under Minnesota Statutes, section 136A.126, and with other information about financial aid for which the students may be eligible.  Bemidji State University must provide office


Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5159

space at no cost to the Office of Higher Education for purposes of administering the American Indian scholarship program under Minnesota Statutes, section 136A.126.  This appropriation includes funding to administer the American Indian scholarship program.

 

Subd. 8.  Tribal College Grants

 

150,000

 

150,000

 

For tribal college assistance grants under Minnesota Statutes, section 136A.1796.

 

Subd. 9.  Intervention for College Attendance Program Grants

 

755,000

 

 

755,000

 

For the intervention for college attendance program under Minnesota Statutes, section 136A.861.

 

The commissioner may use no more than three percent of this appropriation to administer the intervention for college attendance program grants.

 

Subd. 10.  Student-Parent Information

 

122,000

 

122,000

 

Subd. 11.  Get Ready! 

 

180,000

 

180,000

 

Subd. 12.  Minnesota Education Equity Partnership

 

45,000

 

45,000

 

Subd. 13.  Midwest Higher Education Compact

 

115,000

 

115,000

 

Subd. 14.  MN Reconnect

 

2,000,000

 

2,000,000

 

(a) For the Office of Higher Education to award grant funds to students and institutions under Minnesota Statutes, section 136A.123.

 

(b) $1,250,000 in fiscal year 2020 and $1,250,000 in fiscal year 2021 are for student grants.

 

(c) $560,000 in fiscal year 2020 and $560,000 in fiscal year 2021 are for institutional grants.

 

(d) $80,000 in fiscal year 2020 and $80,000 in fiscal year 2021 are for outreach, communications, and marketing to eligible students by the office.

 

(e) $70,000 in fiscal year 2020 and $70,000 in fiscal year 2021 are for a grant to the Minnesota State Colleges and Universities system for program administration.

 

(f) $40,000 in fiscal year 2020 and $40,000 in fiscal year 2021 are for program administration by the office.


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Subd. 15.  United Family Medicine Residency Program

 

501,000

 

501,000

 

For a grant to United Family Medicine residency program.  This appropriation shall be used to support up to 21 resident physicians each year in family practice at United Family Medicine residency programs and shall prepare doctors to practice family care medicine in underserved rural and urban areas of the state.  It is intended that this program will improve health care in underserved communities, provide affordable access to appropriate medical care, and manage the treatment of patients in a cost-effective manner.

 

Subd. 16.  MnLINK Gateway and Minitex

 

5,905,000

 

5,905,000

 

Subd. 17.  Statewide Longitudinal Education Data System

1,782,000

 

1,782,000

 

Subd. 18.  Hennepin Healthcare

 

645,000

 

645,000

 

For transfer to Hennepin Healthcare for graduate family medical education programs at Hennepin Healthcare.

 

Subd. 19.  College Possible

 

450,000

 

450,000

 

(a) This appropriation is for immediate transfer to College Possible to support programs of college admission and college graduation for low-income students through an intensive curriculum of coaching and support at both the high school and postsecondary level.

 

(b) This appropriation must, to the extent possible, be proportionately allocated between students from greater Minnesota and students in the seven-county metropolitan area.

 

(c) This appropriation must be used by College Possible only for programs supporting students who are residents of Minnesota and attending colleges or universities within Minnesota.

 

(d) By February 1 of each year, College Possible must report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over higher education and E-12 education on activities funded by this appropriation.  The report must include, but is not limited to, information about the expansion of College Possible in Minnesota, the number of College Possible coaches hired, the expansion within existing partner high schools, the expansion of high school partnerships, the number of high school and college students served, the total hours of community service by high school and college students, and a list of communities and organizations benefiting from student service hours.


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Subd. 20.  Spinal Cord Injury and Traumatic Brain Injury Research Grant Program

 

3,000,000

 

 

3,000,000

 

For transfer to the spinal cord and traumatic brain grant account in the special revenue fund under Minnesota Statutes, section 136A.901, subdivision 1.

 

The commissioner may use no more than three percent of the amount transferred under this subdivision to administer the grant program.

 

Subd. 21.  Summer Academic Enrichment Program

 

250,000

 

250,000

 

For summer academic enrichment grants under Minnesota Statutes, section 136A.091.

 

The commissioner may use no more than three percent of this appropriation to administer the grant program under this subdivision.

 

Subd. 22.  Dual Training Competency Grants; Office of Higher Education

 

3,000,000

 

 

3,000,000

 

For transfer to the Dual Training Competency Grants account in the special revenue fund under Minnesota Statutes, section 136A.246, subdivision 10.

 

Subd. 23.  Dual Training Competency Grants; Department of Labor and Industry

 

200,000

 

 

200,000

 

For transfer to the commissioner of labor and industry for identification of competency standards for dual training under Minnesota Statutes, section 175.45.

 

Subd. 24.  Concurrent Enrollment Courses

 

340,000

 

340,000

 

For concurrent enrollment development grants under Minnesota Statutes, section 136A.071.

 

The commissioner may use no more than three percent of this appropriation to administer the program under this subdivision.

 

Subd. 25.  Campus Sexual Assault Reporting

 

25,000

 

25,000

 

For the sexual assault reporting required under Minnesota Statutes, section 135A.15.


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Subd. 26.  Campus Sexual Violence Prevention and Response Coordinator

 

150,000

 

 

150,000

 

For the Office of Higher Education to staff a campus sexual violence prevention and response coordinator to serve as a statewide resource providing professional development and guidance on best practices for postsecondary institutions.  $50,000 each year is for administrative funding to conduct trainings and provide materials to postsecondary institutions.

 

Subd. 27.  Emergency Assistance for Postsecondary Students

175,000

 

175,000

 

(a) This appropriation is for the Office of Higher Education to allocate grant funds on a matching basis to schools with a demonstrable homeless student population.

 

(b) This appropriation shall be used to meet immediate student needs that could result in a student not completing the term or their program including, but not limited to, emergency housing, food, and transportation.  Emergency assistance does not impact the amount of state financial aid received.

 

(c) The commissioner shall determine the application process and the grant amounts.  The Office of Higher Education shall partner with interested postsecondary institutions, other state agencies, and student groups to establish the programs.

 

Subd. 28.  Student Teacher Candidate Grants in Shortage Areas

 

2,700,000

 

 

2,700,000

 

For the student teacher candidate grants in shortage areas program under Minnesota Statutes, section 136A.1275.  Of this amount, $2,200,000 each year is directed to support candidates belonging to a racial or ethnic group underrepresented in the teacher workforce and meeting other eligibility requirements.  If this dedicated amount is not fully spent because of a lack of qualifying candidates, any remaining amount may be awarded to qualifying teacher candidates in a licensure shortage area.

 

The commissioner may use no more than three percent of the appropriation for administration of the program.

 

Subd. 29.  Teacher Shortage Loan Forgiveness

 

250,000

 

250,000

 

For transfer to the teacher shortage loan forgiveness repayment account in the special revenue fund under Minnesota Statutes, section 136A.1791, subdivision 8.

 

The commissioner may use no more than three percent of the amount transferred under this subdivision to administer the program.


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Subd. 30.  Large Animal Veterinarian Loan Forgiveness Program

 

375,000

 

 

375,000

 

For transfer to the large animal veterinarian loan forgiveness program account in the special revenue fund under Minnesota Statutes, section 136A.1795, subdivision 2.

 

Subd. 31.  Agricultural Educators Loan Forgiveness

 

50,000

 

50,000

 

For transfer to the agricultural education loan forgiveness account in the special revenue fund under Minnesota Statutes, section 136A.1794, subdivision 2.

 

Subd. 32.  Aviation Degree Loan Forgiveness Program

 

25,000

 

25,000

 

For transfer to the aviation degree loan forgiveness program account in the special revenue fund under Minnesota Statutes, section 136A.1789, subdivision 2.

 

Subd. 33.  Grants for Students with Intellectual and Developmental Disabilities

 

200,000

 

 

200,000

 

For grants for students with intellectual and developmental disabilities under Minnesota Statutes, section 136A.1215.

 

Subd. 34.  Loan Repayment Assistance Program

 

25,000

 

25,000

 

For a grant to the Loan Repayment Assistance Program of Minnesota to provide education debt relief to attorneys with full‑time employment providing legal advice or representation to low-income clients or support services for this work.

 

Subd. 35.  Minnesota Independence College and Community

1,000,000

 

1,000,000

 

For a grant to Minnesota Independence College and Community for need-based scholarships and tuition reduction.

 

Subd. 36.  Student Loan Debt Counseling

 

100,000

 

100,000

 

For student loan debt counseling under Minnesota Statutes, section 136A.1788.

 

Subd. 37.  Aspiring Minnesota Teachers of Color Scholarships. 

 

1,000,000

 

 

1,500,000

 

For aspiring Minnesota teachers of color scholarships under Minnesota Statutes, section 136A.1274.  The Office of Higher Education may use no more than three percent of the appropriation amount to administer the program under this subdivision.


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Subd. 38.  Hunger Free Campus Grants

 

77,000

 

77,000

 

(a) For grants to campuses to meet the criteria in Minnesota Statutes, section 136F.245, and to address food insecurity on campus.  This is a onetime appropriation.

 

(b) Awards must be based on college head counts for the most recently completed academic year.  The maximum grant award shall be $8,000.

 

(c) Campuses must provide matching funds to receive the hunger free campus grant.

 

(d) The commissioner of the Office of Higher Education may transfer unencumbered balances from the appropriations in this section to the emergency assistance for postsecondary students grant.  Transfers from this appropriation may only be made to the extent there is a projected surplus in the appropriation.  A transfer may be made only with prior written notice to the chairs and ranking minority members of the senate and house of representatives committees with jurisdiction over higher education finance.

 

(e) The statewide student association representing the community and technical colleges shall develop an application, review all grant applications, and provide final approval of all grant disbursements from the Office of Higher Education.

 

Subd. 39.  Direct Care Service Corps Pilot Project Grant

75,000

 

75,000

 

For a grant to HealthForce Minnesota at Winona State University for the direct care service corps pilot program under article 2, section 26.  Up to $9,000 each year may be used by HealthForce Minnesota for administrative costs.  This is a onetime appropriation.

 

Subd. 40.  Blind or visually impaired teacher preparation grant

 

64,000

 

 

64,000

 

For a grant to a Minnesota institution of higher education to explore, develop, and establish a teacher preparation program leading to licensure as a teacher of the blind or visually impaired consistent with Minnesota Rules, part 8710.5100.  This is a onetime appropriation.

 

Subd. 41.  Agency Administration

 

4,407,000

 

4,407,000

 

Up to $330,000 in fiscal year 2020 and $330,000 in fiscal year 2021 are available for communications and outreach to students, adults, and families to provide information on the expected costs of college and the various grant options made available to them through the state.


Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5165

Subd. 42.  Balances Forward

 

 

 

 

 

A balance in the first year under this section does not cancel, but is available for the second year.

 

Subd. 43.  Transfers

 

 

 

 

 

The commissioner of the Office of Higher Education may transfer unencumbered balances from the appropriations in this section to the state grant appropriation, the interstate tuition reciprocity appropriation, the child care grant appropriation, the Indian scholarship appropriation, the state work-study appropriation, the get ready appropriation, the intervention for college attendance appropriation, the student-parent information appropriation, the summer academic enrichment program appropriation, and the public safety officers' survivors appropriation.  Transfers from the child care or state work-study appropriations may only be made to the extent there is a projected surplus in the appropriation.  A transfer may be made only with prior written notice to the chairs and ranking minority members of the senate and house of representatives committees with jurisdiction over higher education finance.

 

Sec. 3.  BOARD OF TRUSTEES OF THE MINNESOTA STATE COLLEGES AND UNIVERSITIES

 

 

 

 

Subdivision 1.  Total Appropriation

 

$787,244,000

 

$815,044,000

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

Subd. 2.  Central Office and Shared Services Unit

 

33,074,000

 

33,074,000

 

For the Office of the Chancellor and the Shared Services Division.

 

Subd. 3.  Operations and Maintenance

 

750,055,000

 

777,855,000

 

(a) The Board of Trustees may not set the tuition rate in any undergraduate degree granting program for the 2019-2020 and 2020-2021 academic years at a rate greater than the 2018-2019 academic year rate.  The student tuition relief may not be offset by increases in mandatory fees, charges, or other assessments to the student.

 

(b) $3,000,000 in fiscal year 2020 and $3,000,000 in fiscal year 2021 are to provide supplemental aid for operations and maintenance to the president of each two-year institution in the system with at least one campus that is not located in a metropolitan county, as defined in Minnesota Statutes, section 473.121, subdivision 4.  The board shall transfer $100,000 for each campus not located in a metropolitan county in each year to the president of each institution that includes such a campus, provided that no institution may receive more than $300,000 in total supplemental aid each year.


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(c) The Board of Trustees is requested to help Minnesota close the attainment gap by funding activities which improve retention and completion for students of color.

 

(d) This appropriation includes $500,000 in fiscal year 2020 and $500,000 in fiscal year 2021 for workforce development scholarships under Minnesota Statutes, section 136F.38.

 

(e) $200,000 each year is for transfer to the Cook County Higher Education Board to provide educational programming and academic support services to remote regions in northeastern Minnesota.  The Cook County Higher Education Board shall continue to provide information to the Board of Trustees on the number of students served, credit hours delivered, and services provided to students.

 

(f) $160,000 in fiscal year 2020 and $160,000 in fiscal year 2021 are for two-year Minnesota state colleges that offer farm business management to provide outreach, market, and promote agricultural programming with priority given to beginning farmers, veterans, communities of color, indigenous people, and women.  This amount must be divided equally among the eight colleges offering the program.

 

(g) $65,000 in fiscal year 2020 and $65,000 in fiscal year 2021 are for the Minnesota State Southern Agricultural Center of Excellence and the Minnesota State Northern Agricultural Center of Excellence to develop and implement online courses to be offered throughout the state by farm business management programs.  This amount must be divided equally between the two centers of excellence.  No later than December 15, 2020, the centers of excellence must submit a joint report to the chairs and ranking minority members of the legislative committees with jurisdiction over agriculture, veterans affairs, and higher education.  The report must include information on the use of money in paragraph (f) and this paragraph.

 

(h) This appropriation includes $40,000 in fiscal year 2020 and $40,000 in fiscal year 2021 to implement the sexual assault policies required under Minnesota Statutes, section 135A.15.

 

(i) This appropriation includes $10,000,000 in fiscal year 2020 and $8,000,000 in fiscal year 2021 for upgrading the Integrated Statewide Record System.

 

(j) This appropriation includes $125,000 in fiscal year 2020 and $125,000 in fiscal year 2021 for mental health services required under Minnesota Statutes, section 136F.20, subdivision 3.


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(k) This appropriation includes $100,000 in fiscal year 2020 and $100,000 in fiscal year 2021 for open textbook development required under Minnesota Statutes, section 136F.58, subdivision 5.

 

Subd. 4.  Learning Network of Minnesota

 

4,115,000

 

4,115,000

 

Sec. 4.  BOARD OF REGENTS OF THE UNIVERSITY OF MINNESOTA

 

 

 

 

Subdivision 1.  Total Appropriation

 

$694,293,000

 

$721,293,000

 

Appropriations by Fund

 

 

2020

 

2021

General

692,136,000

719,136,000

Health Care Access

2,157,000

2,157,000

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

Subd. 2.  Operations and Maintenance

 

623,698,000

 

650,698,000

 

(a) This appropriation includes $43,500,000 in fiscal year 2020 and $70,500,000 in fiscal year 2021 for tuition relief.  The Board of Regents is requested to maintain the Minnesota undergraduate tuition rate at all campuses for the 2019-2020 and 2020-2021 academic years at the 2018-2019 academic year rate.

 

(b) $15,000,000 in fiscal year 2020 and $15,000,000 in fiscal year 2021 are to:  (1) increase the medical school's research capacity; (2) improve the medical school's ranking in National Institutes of Health funding; (3) ensure the medical school's national prominence by attracting and retaining world-class faculty, staff, and students; (4) invest in physician training programs in rural and underserved communities; and (5) translate the medical school's research discoveries into new treatments and cures to improve the health of Minnesotans.

 

(c) $7,800,000 in fiscal year 2020 and $7,800,000 in fiscal year 2021 are for health training restoration.  This appropriation must be used to support all of the following:  (1) faculty physicians who teach at eight residency program sites, including medical resident and student training programs in the Department of Family Medicine; (2) the Mobile Dental Clinic; and (3) expansion of geriatric education and family programs.

 

(d) $4,000,000 in fiscal year 2020 and $4,000,000 in fiscal year 2021 are for the Minnesota Discovery, Research, and InnoVation Economy funding program for cancer care research.


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(e) $500,000 in fiscal year 2020 and $500,000 in fiscal year 2021 are for the University of Minnesota, Morris branch, to cover the costs of tuition waivers under Minnesota Statutes, section 137.16.

 

Subd. 3.  Primary Care Education Initiatives

 

2,157,000

 

2,157,000

 

This appropriation is from the health care access fund.

 

Subd. 4.  Special Appropriations

 

 

 

 

 

(a) Agriculture and Extension Service

 

42,922,000

 

42,922,000

 

For the Agricultural Experiment Station and the Minnesota Extension Service:

 

(1) the agricultural experiment stations and Minnesota Extension Service must convene agricultural advisory groups to focus research, education, and extension activities on producer needs and implement an outreach strategy that more effectively and rapidly transfers research results and best practices to producers throughout the state;

 

(2) this appropriation includes funding for research and outreach on the production of renewable energy from Minnesota biomass resources, including agronomic crops, plant and animal wastes, and native plants or trees.  The following areas should be prioritized and carried out in consultation with Minnesota producers, renewable energy, and bioenergy organizations:

 

(i) biofuel and other energy production from perennial crops, small grains, row crops, and forestry products in conjunction with the Natural Resources Research Institute (NRRI);

 

(ii) alternative bioenergy crops and cropping systems; and

 

(iii) biofuel coproducts used for livestock feed;

 

(3) this appropriation includes funding for the College of Food, Agricultural, and Natural Resources Sciences to establish and provide leadership for organic agronomic, horticultural, livestock, and food systems research, education, and outreach and for the purchase of state-of-the-art laboratory, planting, tilling, harvesting, and processing equipment necessary for this project;

 

(4) this appropriation includes funding for research efforts that demonstrate a renewed emphasis on the needs of the state's agriculture community.  The following areas should be prioritized and carried out in consultation with Minnesota farm organizations:

 

(i) vegetable crop research with priority for extending the Minnesota vegetable growing season;


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(ii) fertilizer and soil fertility research and development;

 

(iii) soil, groundwater, and surface water conservation practices and contaminant reduction research;

 

(iv) discovering and developing plant varieties that use nutrients more efficiently;

 

(v) breeding and development of turf seed and other biomass resources in all three Minnesota biomes;

 

(vi) development of new disease-resistant and pest-resistant varieties of turf and agronomic crops;

 

(vii) utilizing plant and livestock cells to treat and cure human diseases;

 

(viii) the development of dairy coproducts;

 

(ix) a rapid agricultural response fund for current or emerging animal, plant, and insect problems affecting production or food safety;

 

(x) crop pest and animal disease research;

 

(xi) developing animal agriculture that is capable of sustainably feeding the world;

 

(xii) consumer food safety education and outreach;

 

(xiii) programs to meet the research and outreach needs of organic livestock and crop farmers; and

 

(xiv) alternative bioenergy crops and cropping systems; and growing, harvesting, and transporting biomass plant material; and

 

(5) by February 1, 2021, the Board of Regents must submit a report to the legislative committees and divisions with jurisdiction over agriculture and higher education finance on the status and outcomes of research and initiatives funded in this paragraph.

 

(b) Health Sciences

 

9,204,000

 

9,204,000

 

$346,000 each year is to support up to 12 resident physicians in the St. Cloud Hospital family practice residency program.  The program must prepare doctors to practice primary care medicine in rural areas of the state.  The legislature intends this program to 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.  The remainder of this appropriation is for the rural physicians associates program; the


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Veterinary Diagnostic Laboratory; health sciences research; dental care; the Biomedical Engineering Center; and the collaborative partnership between the University of Minnesota and Mayo Clinic for regenerative medicine, research, clinical translation, and commercialization.

 

(c) College of Science and Engineering

 

1,140,000

 

1,140,000

 

For the geological survey and the talented youth mathematics program.

 

(d) System Special

 

7,181,000

 

7,181,000

 

For general research, the Labor Education Service, Natural Resources Research Institute, Center for Urban and Regional Affairs, Bell Museum of Natural History, and the Humphrey exhibit.

 

$2,000,000 in fiscal year 2020 and $2,000,000 in fiscal year 2021 are for the Natural Resources Research Institute to invest in applied research for economic development.

 

(e) University of Minnesota and Mayo Foundation Partnership

7,991,000

 

7,991,000

 

This appropriation is for the following activities:

 

(1) $7,491,000 in fiscal year 2020 and $7,491,000 in fiscal year 2021 are for the direct and indirect expenses of the collaborative research partnership between the University of Minnesota and the Mayo Foundation for research in biotechnology and medical genomics.  An annual report on the expenditure of these funds must be submitted to the governor and the chairs of the legislative committees responsible for higher education finance by June 30 of each fiscal year.

 

(2) $500,000 in fiscal year 2020 and $500,000 in fiscal year 2021 are to award competitive grants to conduct research into the prevention, treatment, causes, and cures of Alzheimer's disease and other dementias.

 

Subd. 5.  Academic Health Center

 

 

 

 

 

The appropriation for Academic Health Center funding under Minnesota Statutes, section 297F.10, is estimated to be $22,250,000 each year.

 

Sec. 5.  MAYO CLINIC

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$1,351,000

 

$1,351,000

 

The amounts that may be spent are specified in the following subdivisions.


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Subd. 2.  Medical School

 

665,000

 

665,000

 

The state must pay a capitation each year for each student who is a resident of Minnesota.  The appropriation may be transferred between each year of the biennium to accommodate enrollment fluctuations.  It is intended that during the biennium the Mayo Clinic 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

686,000

 

686,000

 

The state must pay stipend support for up to 27 residents each year.

 

ARTICLE 2

HIGHER EDUCATION POLICY PROVISIONS

 

Section 1.  Minnesota Statutes 2018, section 127A.70, subdivision 2, is amended to read:

 

Subd. 2.  Powers and duties; report.  (a) The partnership shall develop recommendations to the governor and the legislature designed to maximize the achievement of all P-20 students while promoting the efficient use of state resources, thereby helping the state realize the maximum value for its investment.  These recommendations may include, but are not limited to, strategies, policies, or other actions focused on:

 

(1) improving the quality of and access to education at all points from preschool through graduate education;

 

(2) improving preparation for, and transitions to, postsecondary education and work;

 

(3) ensuring educator quality by creating rigorous standards for teacher recruitment, teacher preparation, induction and mentoring of beginning teachers, and continuous professional development for career teachers; and

 

(4) realigning the governance and administrative structures of early education, kindergarten through grade 12, and postsecondary systems in Minnesota.

 

(b) Under the direction of the P-20 Education Partnership Statewide Longitudinal Education Data System Governance Committee, the Office of Higher Education and the Departments of Education and Employment and Economic Development shall improve and expand the Statewide Longitudinal Education Data System (SLEDS) and the Early Childhood Longitudinal Data System (ECLDS) to provide policymakers, education and workforce leaders, researchers, and members of the public with data, research, and reports to:

 

(1) expand reporting on students' educational outcomes for diverse student populations including at-risk students, children with disabilities, English learners, and gifted students, among others, and include formative and summative evaluations based on multiple measures of child well-being, early childhood development, and student progress toward career and college readiness;

 

(2) evaluate the effectiveness of early care, educational, and workforce programs; and

 

(3) evaluate the relationship between relationships among early care, education, and workforce outcomes, consistent with section 124D.49.


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To the extent possible under federal and state law, research and reports should be accessible to the public on the Internet, and disaggregated by demographic characteristics, organization or organization characteristics, and geography.

 

It is the intent of the legislature that the Statewide Longitudinal Education Data System and the Early Childhood Longitudinal Data System inform public policy and decision-making.  The SLEDS governance committee and ECLDS governance committee, with assistance from staff of the Office of Higher Education, the Department of Education, and the Department of Employment and Economic Development, shall respond to legislative committee and agency requests on topics utilizing data made available through the Statewide Longitudinal Education Data System and the Early Childhood Longitudinal Data System as resources permit.  Any analysis of or report on the data must contain only summary data.

 

(c) By January 15 of each year, the partnership shall submit a report to the governor and to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over P-20 education policy and finance that summarizes the partnership's progress in meeting its goals and identifies the need for any draft legislation when necessary to further the goals of the partnership to maximize student achievement while promoting efficient use of resources.

 

Sec. 2.  Minnesota Statutes 2018, section 135A.15, subdivision 2, is amended to read:

 

Subd. 2.  Victims' rights.  The policy required under subdivision 1 shall, at a minimum, require that students and employees be informed of the policy, and shall include provisions for:

 

(1) filing criminal charges with local law enforcement officials in sexual assault cases;

 

(2) the prompt assistance of campus authorities, at the request of the victim, in notifying the appropriate law enforcement officials and disciplinary authorities of a sexual assault incident;

 

(3) allowing sexual assault victims to decide whether to report a case to law enforcement;

 

(4) requiring campus authorities to treat sexual assault victims with dignity;

 

(5) requiring campus authorities to offer sexual assault victims fair and respectful health care, counseling services, or referrals to such services;

 

(6) preventing campus authorities from suggesting to a victim of sexual assault that the victim is at fault for the crimes or violations that occurred;

 

(7) preventing campus authorities from suggesting to a victim of sexual assault that the victim should have acted in a different manner to avoid such a crime;

 

(8) subject to subdivision 10, protecting the privacy of sexual assault victims by only disclosing data collected under this section to the victim, persons whose work assignments reasonably require access, and, at a sexual assault victim's request, police conducting a criminal investigation;

 

(9) an investigation and resolution of a sexual assault complaint by campus disciplinary authorities;

 

(10) a sexual assault victim's participation in and the presence of the victim's attorney or other support person who is not a fact witness to the sexual assault at any meeting with campus officials concerning the victim's sexual assault complaint or campus disciplinary proceeding concerning a sexual assault complaint;


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(11) ensuring that a sexual assault victim may decide when to repeat a description of the incident of sexual assault;

 

(12) notice to a sexual assault victim of the availability of a campus or local program providing sexual assault advocacy services and information about legal services;

 

(13) notice to a sexual assault victim of the outcome of any campus disciplinary proceeding concerning a sexual assault complaint, consistent with laws relating to data practices;

 

(14) the complete and prompt assistance of campus authorities, at the direction of law enforcement authorities, in obtaining, securing, and maintaining evidence in connection with a sexual assault incident;

 

(15) the assistance of campus authorities in preserving for a sexual assault complainant or victim materials relevant to a campus disciplinary proceeding;

 

(16) during and after the process of investigating a complaint and conducting a campus disciplinary procedure, the assistance of campus personnel, in cooperation with the appropriate law enforcement authorities, at a sexual assault victim's request, in shielding the victim from unwanted contact with the alleged assailant, including transfer of the victim to alternative classes or to alternative college-owned housing, if alternative classes or housing are available and feasible;

 

(17) forbidding retaliation, and establishing a process for investigating complaints of retaliation, against sexual assault victims by campus authorities, the accused, organizations affiliated with the accused, other students, and other employees;

 

(18) at the request of the victim, providing students who reported sexual assaults to the institution and subsequently choose to transfer to another postsecondary institution with information about resources for victims of sexual assault at the institution to which the victim is transferring; and

 

(19) consistent with laws governing access to student records, providing a student who reported an incident of sexual assault with access to the student's description of the incident as it was reported to the institution, including if that student transfers to another postsecondary institution.

 

Sec. 3.  Minnesota Statutes 2018, section 135A.15, is amended by adding a subdivision to read:

 

Subd. 3a.  Affirmative consent.  The policy required under subdivision 1 shall include a provision that establishes an affirmative consent standard.  An institution's affirmative consent standard, at a minimum, must incorporate the following elements:

 

(1) all parties to sexual activity must affirmatively express their consent to the activity.  Consent must be knowing and voluntary and not the result of force, coercion, or intimidation.  Consent must be active.  Consent must be given by words that create mutually understandable, unambiguous permission regarding willingness to engage in, and the conditions of, sexual activity;

 

(2) silence, lack of protest, or failure to resist, without active indications of consent, is not consent;

 

(3) consent to any one form of sexual activity does not imply consent to any other forms of sexual activity;

 

(4) consent may be withdrawn at any time;

 

(5) previous relationships or prior consent do not imply consent to future sexual acts; and


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(6) a person is deemed incapable of consenting when that person is:

 

(i) unable to communicate or understand the nature or extent of a sexual situation due to mental or physical incapacitation or impairment; or

 

(ii) physically helpless, either due to the effects of drugs or alcohol, or because the person is asleep.

 

Sec. 4.  Minnesota Statutes 2018, section 136A.101, subdivision 5a, is amended to read:

 

Subd. 5a.  Assigned family responsibility.  "Assigned family responsibility" means the amount of a family's contribution to a student's cost of attendance, as determined by a federal need analysis.  For dependent students, the assigned family responsibility is 84 percent of the parental contribution in fiscal year 2020 and 83 percent of the parental contribution in fiscal year 2021 and later.  For independent students with dependents other than a spouse, the assigned family responsibility is 76 percent of the student contribution in fiscal year 2020 and 75 percent of the student contribution in fiscal year 2021 and later.  For independent students without dependents other than a spouse, the assigned family responsibility is 40 percent of the student contribution in fiscal year 2020 and 39 percent of the student contribution in fiscal year 2021 and later.

 

Sec. 5.  Minnesota Statutes 2018, 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 as defined in section 136A.101; and

 

(3) the amount of a federal Pell grant award for which the grant applicant is eligible, unless the student is ineligible to receive a Pell grant under United States Code, title 20, section 1091(a)(5) or (d).

 

The minimum financial stipend is $100 per academic year.

 

Sec. 6.  Minnesota Statutes 2018, section 136A.121, subdivision 6, is amended to read:

 

Subd. 6.  Cost of attendance.  (a) The recognized cost of attendance consists of:  (1) an allowance specified in law for living and miscellaneous expenses, and (2) an allowance for tuition and fees equal to the lesser of the average tuition and fees charged by the institution, or a tuition and fee maximum if one is established in law.  If no living and miscellaneous expense allowance is established in law, the allowance is equal to 101 110 percent of the federal poverty guidelines for a one person household in Minnesota for nine months.  If no tuition and fee maximum is established in law, the allowance for tuition and fees is equal to the lesser of:  (1) the average tuition and fees charged by the institution, and (2) for two-year programs, an amount equal to the highest tuition and fees charged at a public two-year institution, or for four-year programs, an amount equal to the highest tuition and fees charged at a public university.

 

(b) For a student registering for less than full time, the office shall prorate the cost of attendance to the actual number of credits for which the student is enrolled.


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(c) The recognized cost of attendance for a student who is confined to a Minnesota correctional institution shall consist of the tuition and fee component in paragraph (a), with no allowance for living and miscellaneous expenses.

 

(d) For the purpose of this subdivision, "fees" include only those fees that are mandatory and charged to full‑time resident students attending the institution.  Fees do not include charges for tools, equipment, computers, or other similar materials where the student retains ownership.  Fees include charges for these materials if the institution retains ownership.  Fees do not include optional or punitive fees.

 

Sec. 7.  [136A.123] MN RECONNECT PROGRAM.

 

Subdivision 1.  Program administration.  The commissioner of the Office of Higher Education must administer a credential completion program for adult learners consistent with this section.

 

Subd. 2.  Definitions.  (a) For the purpose of this section, the terms defined in this subdivision have the meanings given them.

 

(b) "Cost of attendance" means tuition and required fees charged by the institution and the campus-based budget used for federal financial aid for food, housing, books, supplies, transportation, and miscellaneous expenses.

 

(c) "Eligible student" means an individual who:

 

(1) meets the eligibility requirements in section 136A.121, subdivision 2, paragraphs (a), clauses (1), (2), (4), and (5), and (b);

 

(2) is 25 years old or older and under 62;

 

(3) has previously completed a minimum of 15 credits in a certificate or degree-seeking program that have been accepted by a participating institution;

 

(4) has not enrolled in any Minnesota institution in the two academic years prior to enrollment at a participating institution;

 

(5) has not completed a certificate, diploma, or degree of 16 credits or longer in length prior to enrollment at a participating institution in this program;

 

(6) has enrolled in three or more credits each term;

 

(7) reports a family adjusted gross income of $85,000 or less; and

 

(8) has applied for the grant on the form required by the commissioner.

 

(d) "Grant" means funds awarded under this section.

 

(e) "Participating institution" means a two-year institution within the Minnesota State Colleges and Universities System selected under subdivision 5.

 

(f) "Program" means a certificate, diploma, or degree program offered by a participating institution.

 

(g) To the extent not inconsistent with this section, the definitions in section 136A.101 apply to this section.


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Subd. 3.  Student application.  Application for a grant must be made by a FAFSA or state aid application and any additional form required by the commissioner.  Applications are due on a schedule set by the commissioner.

 

Subd. 4.  Student grants.  (a) The commissioner must, to the extent funds are available, make grants to eligible students to attend a program at a participating institution.  The amount of a grant per spring or fall academic term is the lesser of $1,000 or the difference between the cost of attendance and other scholarships or grants received by the student.  If the appropriation is greater than the projected grants for the spring and fall terms, the commissioner may award grants up to $1,000 per student for summer or interim terms. 

 

(b) An eligible student may renew a student grant by applying for renewal on a form provided by the commissioner and on a schedule set by the commissioner.  An eligible student may receive a student grant under this section for up to six semesters or the equivalent.

 

Subd. 5.  Participating institutions.  (a) A two-year institution within the Minnesota State Colleges and Universities System may apply to become a participating institution.  The commissioner, in conjunction with a selection committee, shall select institutions through a competitive application process.  Priority must be given to institutions participating in the most recently completed fiscal year.

 

(b) Participating institutions must:

 

(1) demonstrate a commitment to adult learners through adoption of best practice policies, programs, and services; and

 

(2) complete an adult learner assessment prior to participation.

 

Subd. 6.  Institutional grants.  Participating institutions may receive funds for student advising, resolving student financial holds, and improving services to eligible students.

 

Sec. 8.  [136A.1274] ASPIRING MINNESOTA TEACHERS OF COLOR SCHOLARSHIP PROGRAM.

 

Subdivision 1.  Scholarship program established.  The commissioner must establish a scholarship program to support undergraduate or graduate students preparing to become teachers and belonging to a racial or ethnic group underrepresented in the teacher workforce who have demonstrated financial need.

 

Subd. 2.  Eligibility.  To be eligible for a scholarship under this section, a teacher candidate must:

 

(1) be admitted and enrolled in a teacher preparation program approved by the Professional Educator Licensing and Standards Board and be seeking initial licensure or enrolled in an eligible institution under section 136A.103, completing a two-year program specifically designed to prepare early childhood educators;

 

(2) self-identify to the teacher preparation program as a person of color or American Indian;

 

(3) be meeting satisfactory academic progress as defined under section 136A.101, subdivision 10; and

 

(4) demonstrate financial need.

 

Subd. 3.  Administration.  (a) The commissioner must establish an application process for individual students and institutions on behalf of all eligible students at the institution and other guidelines for implementing the scholarship program.


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(b) The maximum scholarship amount is $10,000 per year for full-time study prior to student teaching defined as 12 or more undergraduate credits or the number of credits determined by the institution for full-time graduate student status.  If a student is admitted and enrolled in a program for one term during the academic year, the maximum scholarship amount is $5,000.  The minimum scholarship under this section for full-time study must be no less than $1,000 per year.  The amount determined must be reduced and prorated per credit for part-time study.  The maximum total amount of a scholarship per candidate is $25,000 in a lifetime.

 

(c) Established amounts are not rulemaking for purposes of chapter 14 or section 14.386.

 

(d) Scholarships must be paid to the teacher preparation institution on behalf of the candidate after the institution has informed the office of candidates' names, self-identified racial and ethnic identities, gender, licensure area sought, and full-time or part-time status.

 

(e) The amount of the award must not exceed the applicant's cost of attendance after deducting:  (1) the sum of all state or federal grants and gift aid received, including a Pell Grant and state grant; (2) the sum of all institutional grants, scholarships, tuition waivers, and tuition remission amounts; and (3) the amount of any private grants or scholarships.

 

EFFECTIVE DATE.  This section is effective July 1, 2019, and initial grants must be awarded by November 1, 2019.

 

Sec. 9.  Minnesota Statutes 2018, section 136A.1275, is amended to read:

 

136A.1275 STUDENT TEACHER CANDIDATE GRANTS IN SHORTAGE AREAS.

 

Subdivision 1.  Establishment.  (a) The commissioner of the Office of Higher Education must establish a grant program for student teaching stipends for low-income students enrolled in a Professional Educator Licensing and Standards Board-approved teacher preparation program who intend to teach are student teaching in a licensure shortage area after graduating and receiving their teaching license or belong to an underrepresented a racial or ethnic group underrepresented in the teacher workforce.

 

(b) "Shortage For purposes of this grant program, "licensure shortage area" means a license field or economic development region within Minnesota defined as a shortage area by the Department of Education using determined by the Professional Educator Licensing and Standards Board in which the number of surveyed districts or schools within an economic development region reporting or predicting hiring a teacher for a specific licensure area as "very difficult" is equal to or greater than the number of districts or schools reporting or predicting such hiring as "easy" in data collected for the teacher supply and demand report under section 127A.05, subdivision 6, or other surveys conducted by the Department of Education or Professional Educator Licensing and Standards Board that provide indicators for teacher supply and demand.

 

Subd. 2.  Eligibility.  To be eligible for a grant under this section, a student teacher candidate must:

 

(1) be enrolled in a Professional Educator Licensing and Standards Board-approved teacher preparation program that requires at least 12 weeks of student teaching to complete the program in order to be recommended for a full professional any Tier 3 teaching license from early childhood through grade 12;

 

(2) demonstrate financial need based on criteria established by the commissioner under subdivision 3;

 

(3) intend to teach in a shortage area or belong to an underrepresented racial or ethnic group; and

 

(4) (3) be meeting satisfactory academic progress as defined under section 136A.101, subdivision 10.; and


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(4) intend to teach in a licensure shortage area or belong to a racial or ethnic group underrepresented in the Minnesota teacher workforce.  Intent can be documented based on the teacher license field the student is pursuing and a statement of intent to teach in an economic development region defined as a shortage area in the year the student receives a grant.

 

Subd. 3.  Administration; repayment.  (a) The commissioner must establish an application process and other guidelines for implementing this program, including repayment responsibilities for stipend recipients who do not complete student teaching or who leave Minnesota to teach in another state during the first year after student teaching.

 

(b) The commissioner must determine each academic year the stipend amount up to $7,500 based on the amount of available funding, the number of eligible applicants, and the financial need of the applicants.

 

(c) In order to help improve all students' access to effective and diverse teachers, the percentage of the total award reserved for appropriations for grants under this section directed to teacher candidates who identify as belonging to an underrepresented a racial or ethnic group underrepresented in the Minnesota teacher workforce must be equal to or greater than the total percentage of students of underrepresented racial or ethnic groups underrepresented in the Minnesota teacher workforce as measured under section 120B.35, subdivision 3.  If this percentage cannot be met because of a lack of qualifying candidates, the remaining amount may be awarded to teacher candidates who intend to teach in a licensure shortage area.  Student teacher candidates who are of color or American Indian who have made satisfactory academic progress must have priority for receiving a grant from available funds to student teach and complete their preparation programs if they meet eligibility requirements and participated in the aspiring Minnesota teachers of color scholarship program under section 136A.1274.

 

Sec. 10.  [136A.1788] STUDENT LOAN DEBT COUNSELING.

 

Subdivision 1.  Grant.  A program is established under the Office of Higher Education to provide a grant to a Minnesota-based nonprofit qualified debt counseling organization to provide individual student loan debt repayment counseling to borrowers who are Minnesota residents concerning loans obtained to attend a Minnesota postsecondary institution.  The number of individuals receiving counseling may be limited to those capable of being served with available appropriations for that purpose.  A goal of the counseling program is to provide two counseling sessions to at least 75 percent of borrowers receiving counseling.

 

The purpose of the counseling is to assist borrowers to:

 

(1) understand their loan and repayment options;

 

(2) manage loan repayment; and

 

(3) develop a workable budget based on the borrower's full financial situation regarding income, expenses, and other debt. 

 

Subd. 2.  Qualified debt counseling organization.  A qualified debt counseling organization is an organization that:

 

(1) has experience in providing individualized student loan counseling;

 

(2) employs certified financial loan counselors; and

 

(3) is based in Minnesota and has offices at multiple rural and metropolitan area locations in the state to provide in-person counseling. 


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Subd. 3.  Grant application and award.  (a) Applications for a grant shall be on a form created by the commissioner and on a schedule set by the commissioner.  Among other provisions, the application must include a description of:

 

(1) the characteristics of borrowers to be served;

 

(2) the services to be provided and a timeline for implementation of the services;

 

(3) how the services provided will help borrowers manage loan repayment;

 

(4) specific program outcome goals and performance measures for each goal; and

 

(5) how the services will be evaluated to determine whether the program goals were met.

 

(b) The commissioner shall select one grant recipient for a two-year award every two years.  A grant may be renewed biennially. 

 

Subd. 4.  Program evaluation.  (a) The grant recipient must submit a report to the commissioner by January 15 of the second year of the grant award.  The report must evaluate and measure the extent to which program outcome goals have been met. 

 

(b) The grant recipient must collect, analyze, and report on participation and outcome data that enable the office to verify the outcomes. 

 

(c) The evaluation must include information on the number of borrowers served with on-time student loan payments, the numbers who brought their loans into good standing, the number of student loan defaults, the number who developed a monthly budget plan, and other information required by the commissioner.  Recipients of the counseling must be surveyed on their opinions about the usefulness of the counseling and the survey results must be included in the report. 

 

Subd. 5.  Report to legislature.  By February 1 of the second year of each grant award, the commissioner must submit a report to the committees in the legislature with jurisdiction over higher education finance regarding grant program outcomes. 

 

Sec. 11.  Minnesota Statutes 2018, section 136A.1791, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) The terms used in this section have the meanings given them in this subdivision.

 

(b) "Qualified educational loan" means a government, commercial, or foundation loan for actual costs paid for tuition and reasonable educational and living expenses related to a teacher's preparation or further education.

 

(c) "School district" means an independent school district, special school district, intermediate district, education district, special education cooperative, service cooperative, a cooperative center for vocational education, or a charter school located in Minnesota.

 

(d) "Teacher" means an individual holding a teaching license issued by the Professional Educator Licensing and Standards Board who is employed by a school district to provide classroom instruction or a Head Start or Early Head Start nonlicensed early childhood professional employed by a Head Start program under section 119A.50.

 

(e) "Teacher shortage area" means any of the following experiencing a teacher shortage as reported by the Professional Educator Licensing and Standards Board:


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(1) the licensure fields and specific to particular economic development regions reported by the commissioner of education as experiencing a teacher shortage; and;

 

(2) individual economic development regions; or

 

(3) economic development regions where there is a shortage of licensed teachers who reflect the racial or ethnic diversity of are of color or who are American Indian where the aggregate percentage of this group of teachers is lower than the aggregate percentage of students of color and American Indian students in the region as reported by the commissioner of education.

 

(f) "Commissioner" means the commissioner of the Office of Higher Education unless indicated otherwise.

 

Sec. 12.  Minnesota Statutes 2018, section 136A.1791, subdivision 2, is amended to read:

 

Subd. 2.  Program established; administration.  The commissioner shall must establish and administer a teacher shortage loan forgiveness program.  A teacher is eligible for the program if the teacher is teaching in an identified teacher shortage area for the economic development region in which the teacher works as defined in subdivision 1 and reported under subdivision 3 and complies with the requirements of this section.

 

Sec. 13.  Minnesota Statutes 2018, section 136A.1791, subdivision 3, is amended to read:

 

Subd. 3.  Use of report on teacher shortage areas.  The commissioner of education shall Professional Educator Licensing and Standards Board must use the teacher supply and demand report to the legislature to identify the licensure fields and racial or ethnic groups in economic development regions in Minnesota experiencing a teacher shortage.

 

Sec. 14.  Minnesota Statutes 2018, section 136A.1791, subdivision 4, is amended to read:

 

Subd. 4.  Application for loan forgiveness.  Each applicant for loan forgiveness, according to rules adopted by the commissioner, shall must:

 

(1) apply for teacher shortage loan forgiveness and promptly submit any additional information required by the commissioner; and

 

(2) submit to the commissioner a completed affidavit, prescribed by the commissioner, affirming the teacher is teaching in:  (i) a licensure field identified by the commissioner as experiencing a teacher shortage; or (ii) an economic development region identified by the commissioner as experiencing a teacher shortage a teacher shortage area.

 

Sec. 15.  Minnesota Statutes 2018, section 136A.1791, subdivision 5, is amended to read:

 

Subd. 5.  Amount of loan forgiveness.  (a) To the extent funding is available, the annual amount of teacher shortage loan forgiveness for an approved applicant shall as a teacher in a teacher shortage area must not exceed $1,000 $2,000 or the cumulative balance of the applicant's qualified educational loans, including principal and interest, whichever amount is less.  To support the retention of teachers who are of color or American Indian and to the extent there are sufficient applications, the percentage of loan repayments granted to teachers of color and American Indian teachers must at least be equivalent to the aggregated percentage of students of color and American Indian students in the state.

 

(b) Notwithstanding paragraph (a), applicants who meet both licensure field and underrepresented racial or ethnic group eligibility in their economic development region may receive an annual amount of up to $4,000 or the cumulative balance of the applicant's qualified educational loans, including principal and interest, whichever amount is less.


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(b) (c) Recipients must secure their own qualified educational loans.  Teachers who graduate from an approved teacher preparation program or teachers who add a licensure field, consistent with the teacher shortage requirements of this section, are eligible to apply for the loan forgiveness program.

 

(c) (d) No teacher shall may receive more than five ten annual awards.

 

Sec. 16.  Minnesota Statutes 2018, section 136A.246, subdivision 4, is amended to read:

 

Subd. 4.  Application.  Applications must be made to the commissioner on a form provided by the commissioner.  The commissioner must, to the extent possible, make the application form as short and simple to complete as is reasonably possible.  The commissioner shall establish a schedule for applications and grants.  The application must include, without limitation:

 

(1) the projected number of employee trainees;

 

(2) the number of projected employee trainees who graduated from high school or passed the commissioner of education-selected high school equivalency test in the current or immediately preceding calendar year;

 

(3) the competency standard for which training will be provided;

 

(4) the credential the employee will receive upon completion of training;

 

(5) the name and address of the training institution or program and a signed statement by the institution or program that it is able and agrees to provide the training;

 

(6) the period of the training; and

 

(7) the cost of the training charged by the training institution or program and certified by the institution or program.  The cost of training includes tuition, fees, and required books and materials.  The cost of training may also include costs for travel, lodging, and meals associated with the training provided by the training institution or program.

 

An application may be made for training of employees of multiple employers either by the employers or by an organization on their behalf.

 

Sec. 17.  Minnesota Statutes 2018, section 136A.246, subdivision 8, is amended to read:

 

Subd. 8.  Grant amounts.  (a) The maximum grant for an application is $150,000 $187,500.  A grant may not exceed $6,000 $7,500 per year for a maximum of four years per employee.  Any amount of the grant for the costs for travel, lodging, and meals associated with the training provided by the training institution or program may not exceed $1,500 per employee per year.

 

(b) An employee who is attending an eligible institution must apply for Pell and state grants as a condition of payment for training that employee under this section.

 

Sec. 18.  Minnesota Statutes 2018, section 136A.87, is amended to read:

 

136A.87 PLANNING INFORMATION FOR POSTSECONDARY EDUCATION.

 

(a) The office shall make available to all residents beginning in 7th grade through adulthood information about planning and preparing for postsecondary opportunities.  Information must be provided to all 7th grade students and their parents annually by September 30 about planning for their postsecondary education.  The office may also provide information to high school students and their parents, to adults, and to out-of-school youth.


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(b) The office shall gather and share information with students and parents about the dual credit acceptance policies of each Minnesota public and private college and university.  The office shall gather and share information related to the acceptance policies for concurrent enrollment courses, postsecondary enrollment options courses, advanced placement courses, and international baccalaureate courses.  This information must be shared on the office's website and included in the information under paragraph (a).

 

(c) The information provided under paragraph (a) may include the following:

 

(1) the need to start planning early;

 

(2) the availability of assistance in educational planning from educational institutions and other organizations;

 

(3) suggestions for studying effectively during high school;

 

(4) high school courses necessary to be adequately prepared for postsecondary education;

 

(5) encouragement to involve parents actively in planning for all phases of education;

 

(6) information about postsecondary education and training opportunities existing in the state, their respective missions and expectations for students, their preparation requirements, admission requirements, and student placement;

 

(7) ways to evaluate and select postsecondary institutions;

 

(8) the process of transferring credits among Minnesota postsecondary institutions and systems;

 

(9) the costs of postsecondary education and the availability of financial assistance in meeting these costs, including specific information about the Minnesota Promise;

 

(10) the interrelationship of assistance from student financial aid, public assistance, and job training programs; and

 

(11) financial planning for postsecondary education.; and

 

(12) postsecondary education options for students with intellectual and developmental disabilities.

 

Sec. 19.  Minnesota Statutes 2018, section 136F.20, is amended by adding a subdivision to read:

 

Subd. 3.  Mental health services and health insurance information.  (a) The board must contract with one or more independent mental health organizations to provide mental health care on campus at up to five state colleges.  To be eligible to apply for the program, the state college must employ one or more faculty counselors.  These grants are designed to build on the current support provided by faculty counselors and are not a replacement for them.  Mental health services must be provided without charge to students who are uninsured, who have high co-payments, or whose health insurance does not cover the service provided.  A memorandum of understanding shall be developed between the college and the mental health organization outlining the use of space on campus, how the students will be notified of the service, how they will collaborate with faculty counselors, the provision of services, and other items.

 

(b) A mental health organization providing mental health care under paragraph (a) must also provide information and guidance to students seeking health insurance.


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Sec. 20.  [136F.245] HUNGER FREE CAMPUS DESIGNATION.

 

Subdivision 1.  Establishment.  A Hunger Free Campus designation for Minnesota State community and technical colleges is established.  In order to be awarded the designation, a campus must meet the following minimum criteria:

 

(1) have an established on-campus food pantry or partnership with a local food bank to provide regular, on‑campus food distributions;

 

(2) provide information to students on SNAP, MFIP, and other programs that reduce food insecurity;

 

(3) hold or participate in one hunger awareness event per academic year;

 

(4) have an established emergency assistance grant that is available to students; and

 

(5) establish a hunger task force that meets a minimum of three times per academic year.  The task force must include at least two students currently enrolled at the college.

 

Subd. 2.  Designation approval.  The statewide student association representing the community and technical colleges shall create an application process and an award, and provide final approval for the designation at each college.

 

Subd. 3.  Expiration.  This section expires July 1, 2023.

 

Sec. 21.  Minnesota Statutes 2018, section 136F.58, is amended by adding a subdivision to read:

 

Subd. 1a.  Definitions.  (a) For purposes of this section, the following terms have the meanings given.

 

(b) "Custom textbook" means course materials that are compiled by a publisher at the direction of a faculty member or, if applicable, the other adopting entity in charge of selecting course materials for courses taught at a state college or university.  Custom textbooks may include items such as selections from original instructor materials, previously copyrighted publisher materials, copyrighted third-party works, or elements unique to a specific state college or university.

 

(c) "Incentive" means anything provided to faculty, to identify, review, adapt, author, or adopt open textbooks.

 

(d) "Open textbook" means a textbook that is distributed using an open copyright license that at a minimum allows a student to obtain, retain, reuse, and redistribute the material at no cost.

 

(e) "System office" means the Minnesota State Colleges and Universities system office.

 

Sec. 22.  Minnesota Statutes 2018, section 136F.58, subdivision 3, is amended to read:

 

Subd. 3.  Notice to purchase.  (a) An instructor or department shall notify a college or university bookstore of the final order for required and recommended course material at least 45 days prior to the commencement of the term.

 

(b) An instructor or department must notify the bookstore, as required in paragraph (a), if a previous edition of the textbook is acceptable as a substitute textbook for the course.


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(c) The bookstore must make reasonable efforts to notify students of the following information concerning the required and recommended course material at least 30 days prior to the commencement of the term for which the course material is required including, but not limited to:

 

(1) the title, edition, author, and International Standard Book Number (ISBN) of the course material;

 

(2) the retail price charged in the college or university bookstore for the course material, including custom textbooks;

 

(3) if applicable, whether a previous edition of the textbook is acceptable as required under this subdivision;

 

(4) whether the material is available in an alternative format and the cost for the alternatively formatted material; and

 

(5) the most recent copyright date of the printed course material and the copyright date of the most recent prior edition of the course material, if that prior edition is acceptable for class use.

 

(d) For purposes of this subdivision, "custom textbooks" means course materials that are compiled by a publisher at the direction of a faculty member or, if applicable, the other adopting entity in charge of selecting course materials for courses taught at a state college or university.  Custom textbooks may include items such as selections from original instructor materials, previously copyrighted publisher materials, copyrighted third-party works, or elements unique to a specific state college or university.

 

Sec. 23.  Minnesota Statutes 2018, section 136F.58, is amended by adding a subdivision to read:

 

Subd. 5.  Open textbook development.  (a) The Minnesota State Colleges and Universities must develop a program to expand the use of open textbooks in college and university courses.  The system office must provide opportunities for faculty to identify, review, adapt, author, and adopt open textbooks.  The system office must develop incentives to academic departments that identify, review, adapt, author, or adopt open textbooks within their academic programs. 

 

(b) The system office, in coordination with faculty bargaining units, must develop a program that identifies high‑enrollment academic programs and provides faculty within the selected disciplines incentives to jointly adapt or author an open textbook.

 

(c) The programs and incentives developed under this subdivision must be implemented pursuant to faculty collective bargaining agreements.

 

Sec. 24.  REPORT.

 

The Board of Trustees of the Minnesota State Colleges and Universities must submit reports by January 13, 2021, and January 12, 2022, to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education.  Each report must include (1) the number of courses transitioned to using an open textbook resulting from the programs in Minnesota Statutes, section 136F.58, subdivision 5, and (2) the total amount of student textbook savings resulting from the transitions.

 

Sec. 25.  POSTSECONDARY CHILD CARE EXPENSES.

 

For fiscal year 2021, the commissioner of the Office of Higher Education may adjust the cost of attendance under Minnesota Statutes, section 136A.121, subdivision 6, paragraph (a), to include child care expenses allowable under Minnesota Statutes, section 136A.125, after consultation with institutional representatives and with prior written notice to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education finance.


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Sec. 26.  DIRECT CARE SERVICE CORPS PILOT PROJECT.

 

Subdivision 1.  Establishment.  HealthForce Minnesota at Winona State University must develop a pilot project establishing the Minnesota Direct Care Service Corps.  The pilot program must utilize financial incentives to attract postsecondary students to work as personal care assistants.  HealthForce Minnesota must establish the financial incentives and minimum work requirements to be eligible for incentive payments.  The financial incentive must increase with each semester that the student participates in the Minnesota Direct Care Service Corps.

 

Subd. 2.  Pilot sites.  (a) Pilot sites must include one postsecondary institution in the seven-county metropolitan area and at least one postsecondary institution outside of the seven-county metropolitan area.  If more than one postsecondary institution outside the metropolitan area is selected, one must be located in northern Minnesota and the other must be located in southern Minnesota.

 

(b) After satisfactorily completing the work requirements for a semester, the pilot site or its fiscal agent must pay students the financial incentive developed for the pilot project.

 

Subd. 3.  Evaluation and report.  (a) HealthForce Minnesota must contract with a third party to evaluate the pilot project's impact on health care costs, retention of personal care assistants, and patient's and provider's satisfaction of care.  The evaluation must include the number of participants, the hours of care provided by participants, and the retention of participants from semester to semester.

 

(b) By January 4, 2022, HealthForce Minnesota must report the findings under paragraph (a) to the chairs and ranking members of the legislative committees with jurisdiction over human services policy and finance.

 

ARTICLE 3

OFFICE OF HIGHER EDUCATION AGENCY POLICY

 

Section 1.  Minnesota Statutes 2018, section 13.322, subdivision 3, is amended to read:

 

Subd. 3.  Minnesota Office of Higher Education.  (a) General.  Data sharing involving the Minnesota Office of Higher Education and other institutions is governed by section 136A.05.

 

(b) Student financial aid.  Data collected and used by the Minnesota Office of Higher Education on applicants for financial assistance are classified under section 136A.162.

 

(c) Minnesota college savings plan data.  Account owner data, account data, and data on beneficiaries of accounts under the Minnesota college savings plan are classified under section 136G.05, subdivision 10.

 

(d) School financial records.  Financial records submitted by schools registering with the Minnesota Office of Higher Education are classified under section 136A.64.

 

(e) Enrollment and financial aid data.  Data collected from eligible institutions on student enrollment and federal and state financial aid are governed by sections 136A.121, subdivision 18, and 136A.1701, subdivision 11.

 

(f) Student complaint data.  Data collected from student complaints are governed by sections 136A.672, subdivision 6, and 136A.8295, subdivision 6.

 

Sec. 2.  [136A.071] CONCURRENT ENROLLMENT DEVELOPMENT GRANTS.

 

Subdivision 1.  Grant uses.  (a) The commissioner must award grants on a competitive basis to expand concurrent enrollment opportunities by supporting Minnesota postsecondary institutions in:

 

(1) developing new concurrent enrollment programs with a focus on career and technical education courses developed under section 124D.09, subdivision 10, that satisfy the elective standard for career and technical education;


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(2) expanding existing concurrent enrollment programs by creating new sections within the same high school or offering the existing course in new high schools; and

 

(3) training and providing professional development to high school teachers by creating online graduate tracks specifically for high school teachers to receive the necessary credentials to teach concurrent enrollment courses in various content areas as dictated by the Higher Learning Commission.

 

(b) Postsecondary institutions applying for grants under paragraph (a), clause (3), must provide a 50 percent match of the total grant award.

 

Subd. 2.  Application process.  (a) The commissioner must develop a grant application process.  The commissioner must attempt to support projects in a manner that ensures that eligible students throughout the state have access to concurrent enrollment programs funded by this grant program.

 

(b) Applicants must demonstrate a commitment to equitable access to concurrent enrollment coursework for all eligible high school students.

 

(c) Grant recipients must specify both program and student outcome goals, and must include student feedback on the development of new programs or the expansion of existing programs.

 

Subd. 3.  Report.  By December 1 of each year, the office must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education regarding:

 

(1) the courses developed by grant recipients and the number of students who enrolled in the courses under subdivision 1, paragraph (a), clause (1);

 

(2) the programs expanded and the number of students who enrolled in programs under subdivision 1, paragraph (a), clause (2); and

 

(3) the graduate programs developed by postsecondary institutions and the number of high school teachers enrolled in the courses under subdivision 1, paragraph (a), clause (3).

 

Sec. 3.  Minnesota Statutes 2018, section 136A.1215, subdivision 4, is amended to read:

 

Subd. 4.  Maximum grant amounts.  (a) The amount of a grant under this section equals the tuition and fees at the student's postsecondary institution, minus:

 

(1) any Pell or state grants the student receives; and

 

(2) any institutional aid the student receives.

 

(b) If appropriations are insufficient to provide the full amount calculated under paragraph (a) to all eligible applicants, the commissioner must reduce the grants of all maximum grant amount available to recipients proportionally.

 

Sec. 4.  Minnesota Statutes 2018, section 136A.15, subdivision 8, is amended to read:

 

Subd. 8.  Eligible student.  "Eligible student" means a student who is officially registered or accepted for enrollment at an eligible institution in Minnesota or a Minnesota resident who is officially registered as a student or accepted for enrollment at an eligible institution in another state or province.  Non-Minnesota residents are eligible students if they are enrolled or accepted for enrollment in a minimum of one course of at least 30 days in length


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during the academic year that requires physical attendance at an eligible institution located in Minnesota.  Non‑Minnesota resident students enrolled exclusively during the academic year in correspondence courses or courses offered over the Internet are not eligible students.  Non-Minnesota resident students not physically attending classes in Minnesota due to enrollment in a study abroad program for 12 months or less are eligible students.  Non‑Minnesota residents enrolled in study abroad programs exceeding 12 months are not eligible students.  An eligible student, for section 136A.1701, means a student who gives informed consent authorizing the disclosure of data specified in section 136A.162, paragraph (c), to a consumer credit reporting agency.

 

Sec. 5.  Minnesota Statutes 2018, section 136A.16, subdivision 1, is amended to read:

 

Subdivision 1.  Designation.  Notwithstanding chapter 16C, the office is designated as the administrative agency for carrying out the purposes and terms of sections 136A.15 to 136A.1702 136A.1704.  The office may establish one or more loan programs.

 

Sec. 6.  Minnesota Statutes 2018, section 136A.16, subdivision 2, is amended to read:

 

Subd. 2.  Rules, policies, and conditions.  The office shall adopt policies and may prescribe appropriate rules and conditions to carry out the purposes of sections 136A.15 to 136A.1702 136A.1704.  The policies and rules except as they relate to loans under section 136A.1701 must be compatible with the provisions of the National Vocational Student Loan Insurance Act of 1965 and the provisions of title IV of the Higher Education Act of 1965, and any amendments thereof.

 

Sec. 7.  Minnesota Statutes 2018, section 136A.16, subdivision 5, is amended to read:

 

Subd. 5.  Agencies.  The office may contract with loan servicers, collection agencies, credit bureaus, or any other person, to carry out the purposes of sections 136A.15 to 136A.1702 136A.1704.

 

Sec. 8.  Minnesota Statutes 2018, section 136A.16, subdivision 8, is amended to read:

 

Subd. 8.  Investment.  Money made available to the office that is not immediately needed for the purposes of sections 136A.15 to 136A.1702 136A.1704 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 predecessors.

 

Sec. 9.  Minnesota Statutes 2018, section 136A.16, subdivision 9, is amended to read:

 

Subd. 9.  Staff.  The office may employ the professional and clerical staff the commissioner deems necessary for the proper administration of the loan programs established and defined by sections 136A.15 to 136A.1702 136A.1704.

 

Sec. 10.  Minnesota Statutes 2018, section 136A.162, is amended to read:

 

136A.162 CLASSIFICATION OF DATA.

 

(a) Except as provided in paragraphs (b) and (c), data on applicants for financial assistance collected and used by the office for student financial aid programs administered by that office are private data on individuals as defined in section 13.02, subdivision 12.


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(b) Data on applicants may be disclosed to the commissioner of human services to the extent necessary to determine eligibility under section 136A.121, subdivision 2, clause (5).

 

(c) The following data collected in the Minnesota supplemental loan program under section sections 136A.1701 and 136A.1704 may be disclosed to a consumer credit reporting agency only if the borrower and the cosigner give informed consent, according to section 13.05, subdivision 4, at the time of application for a loan:

 

(1) the lender-assigned borrower identification number;

 

(2) the name and address of borrower;

 

(3) the name and address of cosigner;

 

(4) the date the account is opened;

 

(5) the outstanding account balance;

 

(6) the dollar amount past due;

 

(7) the number of payments past due;

 

(8) the number of late payments in previous 12 months;

 

(9) the type of account;

 

(10) the responsibility for the account; and

 

(11) the status or remarks code.

 

Sec. 11.  Minnesota Statutes 2018, section 136A.1701, subdivision 7, is amended to read:

 

Subd. 7.  Repayment of loans.  (a) The office shall establish repayment procedures for loans made under this section, but in no event shall the period of permitted repayment for SELF II or SELF III loans exceed ten years from the eligible student's termination of the student's postsecondary academic or vocational program, or 15 years from the date of the student's first loan under this section, whichever is less. in accordance with the policies, rules, and conditions authorized under section 136A.16, subdivision 2.  The office will take into consideration the loan limits and current financial market conditions when establishing repayment terms.

 

(b) For SELF IV loans, eligible students with aggregate principal loan balances from all SELF phases that are less than $18,750 shall have a repayment period not exceeding ten years from the eligible student's graduation or termination date.  For SELF IV loans, eligible students with aggregate principal loan balances from all SELF phases of $18,750 or greater shall have a repayment period not exceeding 15 years from the eligible student's graduation or termination date.  For SELF IV loans, the loans shall enter repayment no later than seven years after the first disbursement date on the loan.

 

(c) For SELF loans from phases after SELF IV, eligible students with aggregate principal loan balances from all SELF phases that are:

 

(1) less than $20,000, must have a repayment period not exceeding ten years from the eligible student's graduation or termination date;


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(2) $20,000 up to $40,000, must have a repayment period not exceeding 15 years from the eligible student's graduation or termination date; and

 

(3) $40,000 or greater, must have a repayment period not exceeding 20 years from the eligible student's graduation or termination date.  For SELF loans from phases after SELF IV, the loans must enter repayment no later than nine years after the first disbursement date of the loan.

 

Sec. 12.  Minnesota Statutes 2018, section 136A.1789, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the terms in this subdivision have the meanings given them.

 

(b) "Qualified aircraft technician" means an individual who (1) has earned an associate's or bachelor's degree preparing individuals to obtain an aviation mechanic's certificate from the Federal Aviation Administration from a postsecondary institution located in Minnesota, and (2) has obtained an aviation mechanic's certificate from the Federal Aviation Administration.

 

(c) "Qualified education loan" means a government, commercial, or foundation loan used by an individual for actual costs paid for tuition to a postsecondary institution located in Minnesota for a professional flight training degree and reasonable educational and living expenses related to the postsecondary education of the qualified aircraft technician or qualified pilot.

 

(d) "Qualified pilot" means an individual who (1) has earned an associate's or bachelor's degree in professional flight training preparing individuals to obtain an airline transport pilot certificate from a postsecondary institution located in Minnesota, and (2) is in the process of obtaining or has obtained an airline transport pilot certificate.

 

Sec. 13.  Minnesota Statutes 2018, section 136A.1789, subdivision 3, is amended to read:

 

Subd. 3.  Eligibility.  (a) To be eligible to participate in the loan forgiveness program under this section, an individual must:

 

(1) be a qualified pilot or qualified aircraft technician;

 

(2) have qualified education loans;

 

(3) reside in Minnesota; and

 

(4) submit an application to the commissioner in the form and manner prescribed by the commissioner.

 

(b) An applicant selected to participate must sign a contract to agree to serve a minimum one-year five-year full‑time service obligation according to subdivision 4.  To complete the service obligation, the applicant must work full time in Minnesota as a qualified pilot or qualified aircraft technician.  A participant must complete one year of service under this paragraph for each year the participant receives an award under this section.

 

Sec. 14.  Minnesota Statutes 2018, section 136A.1789, subdivision 5, is amended to read:

 

Subd. 5.  Loan forgiveness.  (a) The commissioner may select eligible applicants each year for participation in the aviation degree loan forgiveness program, within the limits of available funding.  Applicants are responsible for securing their own qualified education loans.


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(b) For each year that the participant meets the eligibility requirements under subdivision 3, the commissioner must make annual disbursements directly to:

 

(1) a selected qualified pilot of $5,000 or the balance of the participant's qualified education loans, whichever is less; and

 

(2) a selected qualified aircraft technician of $3,000 or the balance of the participant's qualified education loans, whichever is less.

 

(c) An individual may receive disbursements under this section for a maximum of five years.

 

(d) The participant must provide the commissioner with verification that the full amount of the loan repayment disbursement received by the participant has been applied toward the designated qualified education loan.  After each disbursement, verification must be received by the commissioner and approved before the next repayment disbursement is made.

 

(e) If the participant receives a disbursement in the participant's fifth year of eligibility, the participant must provide the commissioner with verification that the full amount of the participant's final loan repayment disbursement was applied toward the designated qualified education loan.  If a participant does not provide the verification as required under this paragraph within six 12 months of receipt of the final disbursement, the commissioner must collect from the participant the total amount of the final disbursement paid to the participant under the loan forgiveness program plus interest at a rate established according to section 270C.40.  The commissioner must deposit the money collected in the aviation degree loan forgiveness program account.

 

Sec. 15.  Minnesota Statutes 2018, section 136A.64, subdivision 1, is amended to read:

 

Subdivision 1.  Schools to provide information.  As a basis for registration, schools shall provide the office with such information as the office needs to determine the nature and activities of the school, including but not limited to the following which shall be accompanied by an affidavit attesting to its accuracy and truthfulness:

 

(1) articles of incorporation, constitution, bylaws, or other operating documents;

 

(2) a duly adopted statement of the school's mission and goals;

 

(3) evidence of current school or program licenses granted by departments or agencies of any state;

 

(4) a fiscal balance sheet on an accrual basis, or a certified audit of the immediate past fiscal year including any management letters provided by the independent auditor or, if the school is a public institution outside Minnesota, an income statement for the immediate past fiscal year;

 

(5) all current promotional and recruitment materials and advertisements; and

 

(6) the current school catalog and, if not contained in the catalog:

 

(i) the members of the board of trustees or directors, if any;

 

(ii) the current institutional officers;

 

(iii) current full-time and part-time faculty with degrees held or applicable experience;

 

(iv) a description of all school facilities;


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(v) a description of all current course offerings;

 

(vi) all requirements for satisfactory completion of courses, programs, and degrees;

 

(vii) the school's policy about freedom or limitation of expression and inquiry;

 

(viii) a current schedule of fees, charges for tuition, required supplies, student activities, housing, and all other standard charges;

 

(ix) the school's policy about refunds and adjustments;

 

(x) the school's policy about granting credit for prior education, training, and experience; and

 

(xi) the school's policies about student admission, evaluation, suspension, and dismissal.; and

 

(xii) the school's disclosure to students on the student complaint process under section 136A.672.

 

Sec. 16.  Minnesota Statutes 2018, section 136A.64, subdivision 5, is amended to read:

 

Subd. 5.  Public information.  All information submitted to the office is public information except financial records, student complaint data, and accreditation records and information reports.  Except for accreditation reports, the office may disclose financial any records or information submitted to the office:

 

(1) to law enforcement officials; or

 

(2) in connection with a legal or administrative proceeding to:

 

(i) to defend its decision to approve or disapprove granting of degrees or the use of a name or;

 

(ii) defend its decisions decision to revoke the institution's approval at a hearing under chapter 14 or other legal proceedings; or

 

(iii) enforce a requirement of law.

 

Sec. 17.  Minnesota Statutes 2018, section 136A.64, is amended by adding a subdivision to read:

 

Subd. 8.  Disclosure.  Schools must disclose on their website, student handbook, and student catalog the student complaint process under this section to students.

 

Sec. 18.  Minnesota Statutes 2018, section 136A.645, is amended to read:

 

136A.645 SCHOOL CLOSURE.

 

(a) When a school decides intends to cease postsecondary education operations, it must cooperate with the office in assisting students to find alternative means to complete their studies with a minimum of disruption, and inform the office of the following announces its closure, or is informed by the office that the office anticipates the school's closure due to its registration status or ability to meet criteria for approval under section 136A.65, the school must provide the office:

 

(1) the planned date for termination of postsecondary education operations;


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(2) the planned date for the transfer of the student records;

 

(3) confirmation of the name and address of the organization to receive and hold the student records; and

 

(4) the official at the organization receiving the student records who is designated to provide official copies of records or transcripts upon request.

 

(1) a notice of closure, including the name of the school, the name of the school owner, an active mailing address and telephone number that the school owner may be reached at after the school physically closes, the name of the school director, and the planned date for termination of postsecondary operations;

 

(2) a report of all students currently enrolled and all students enrolled within the prior 120 days, including the following information for each student:  name, address, school e­mail address, alternate e­mail address, program of study, number of credits completed, number of credits remaining, and enrollment status at closure;

 

(3) a report of refunds due to any student and the amount due;

 

(4) a written statement from the school's owner or designee affirming that all recruitment efforts, school marketing, advertisement, solicitation, and enrollment of new students has ceased;

 

(5) a copy of any communication between the school's accreditors about the school closure;

 

(6) confirmation that the requirements for student records under section 136A.68 have been satisfied, including:

 

(i) the planned date for the transfer of the student records;

 

(ii) confirmation of the name and address of the organization to receive and hold the student records; and

 

(iii) the official at the organization receiving the student records who is designated to provide official copies of records or transcripts upon request;

 

(7) academic information, including the school's most recent catalog, all course syllabi, and faculty credential information; and

 

(8) copies of any teach-out, transfer, or train-out agreement between the school and a new school for students to be able to complete their studies.  A teach-out fulfills the original contract or agreement between the closing school and the student.  If a teach-out is arranged for another approved school to do the remaining occupational training, that other school must (i) provide comparable education and training and (ii) agree that students transferring from the closing school pay only what the cost of tuition and fees remain unpaid according to the terms and conditions in the enrollment agreement entered into between the student and the closing school.

 

(b) Upon notice from a school of its intention to cease operations, the office shall notify the school of the date on which it must cease the enrollment of students and all postsecondary educational operations.

 

(b) Without limitation as to other circumstance, a school shall be deemed to have ceased operations when the school:

 

(1) has an unscheduled nonemergency closure or cancellation of classes for more than 24 hours without prior notice to the office;

 

(2) announces it is closed or closing; or

 

(3) files for bankruptcy.


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(c) When a school is deemed to have ceased operations, the office shall provide the school a reasonable time to correct transcripts and grant credentials.  After that time, the office must revoke the school's registration.  This revocation is not appealable under section 136A.65, subdivision 8.

 

Sec. 19.  Minnesota Statutes 2018, section 136A.646, is amended to read:

 

136A.646 ADDITIONAL SECURITY.

 

(a) New schools that have been granted conditional approval for degrees or names to allow them the opportunity to apply for and receive accreditation under section 136A.65, subdivision 7, or shall provide a surety bond in a sum equal to ten percent of the net revenue from tuition and fees in the registered institution's prior fiscal year, but in no case shall the bond be less than $10,000.

 

(b) Any registered institution that is notified by the United States Department of Education that it has fallen below minimum financial standards and that its continued participation in Title IV will be conditioned upon its satisfying either the Zone Alternative, Code of Federal Regulations, title 34, section 668.175, paragraph (f), or a Letter of Credit Alternative, Code of Federal Regulations, title 34, section 668.175, paragraph (c), shall provide a surety bond in a sum equal to the "letter of credit" required by the United States Department of Education in the Letter of Credit Alternative, but in no event shall such bond be less than $10,000 nor more than $250,000.  If the letter of credit required by the United States Department of Education is higher than ten percent of the Title IV, Higher Education Act program funds received by the institution during its most recently completed fiscal year, the office shall reduce the office's surety requirement to represent ten percent of the Title IV, Higher Education Act program funds received by the institution during its most recently completed fiscal year, subject to the minimum and maximum in this paragraph.

 

(b) (c) In lieu of a bond, the applicant may deposit with the commissioner of management and budget:

 

(1) a sum equal to the amount of the required surety bond in cash;

 

(2) securities, as may be legally purchased by savings banks or for trust funds, in an aggregate market value equal to the amount of the required surety bond; or

 

(3) an irrevocable letter of credit issued by a financial institution to the amount of the required surety bond.

 

(c) (d) The surety of any 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.

 

(d) (e) In the event of a school closure, the additional security must first be used to destroy any private educational data under section 13.32 left at a physical campus in Minnesota after all other governmental agencies have recovered or retrieved records under their record retention policies.  Any remaining funds must then be used to reimburse tuition and fee costs to students that were enrolled at the time of the closure or had withdrawn in the previous 120 calendar days but did not graduate.  Priority for refunds will be given to students in the following order:

 

(1) cash payments made by the student or on behalf of a student;

 

(2) private student loans; and

 

(3) Veteran Administration education benefits that are not restored by the Veteran Administration.  If there are additional security funds remaining, the additional security funds may be used to cover any administrative costs incurred by the office related to the closure of the school.


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Sec. 20.  Minnesota Statutes 2018, section 136A.672, is amended by adding a subdivision to read:

 

Subd. 6.  Private information.  Student complaint data are private data on individuals, as defined in section 13.02, subdivision 12.  The office may disclose student complaint data as provided in section 136A.64, subdivision 5.

 

Sec. 21.  Minnesota Statutes 2018, section 136A.821, is amended by adding a subdivision to read:

 

Subd. 18.  Clock hour.  "Clock hour" means a period of time consisting of a 50- to 60-minute class, lecture, or recitation in a 60-minute period; a 50- to 60-minute faculty-supervised laboratory, shop training, or internship in a 60-minute period; or 60 minutes of preparation in a correspondence course.  If a school seeks to determine the number of clock hours in an educational program by aggregating the number of minutes in that program, it must divide those minutes by 60.

 

Sec. 22.  Minnesota Statutes 2018, section 136A.821, is amended by adding a subdivision to read:

 

Subd. 19.  Student record.  "Student record" means a transcript or record of student attendance in a program that includes, at a minimum, the student's name; the student's address; the school's name; the school's address; the title of the course or program; the total number of hours or courses completed; the dates of enrollment and attendance; the grade record of each course; any credential awarded; and cumulative grade for the program.

 

Sec. 23.  Minnesota Statutes 2018, section 136A.822, subdivision 6, is amended to read:

 

Subd. 6.  Bond.  (a) No license shall be issued to any private career school which maintains, conducts, solicits for, or advertises within the state of Minnesota any program, unless the applicant files with the office a continuous corporate surety bond 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.

 

(b)(1) The amount of the surety bond shall be ten percent of the preceding year's net income revenue from student tuition, fees, and other required institutional charges collected, but in no event less than $10,000, except that a private career school may deposit a greater amount at its own discretion.  A private career 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.  A private career school that operates at two or more locations may combine net income revenue from student tuition, fees, and other required institutional charges collected for all locations for the purpose of determining the annual surety bond requirement.  The net revenue from tuition and fees used to determine the amount of the surety bond required for a private career school having a license for the sole purpose of recruiting students in Minnesota shall be only that paid to the private career school by the students recruited from Minnesota.

 

(2) A person required to obtain a private career school license due to the use of "academy," "institute," "college," or "university" in its name and which is also licensed by another state agency or board, except not including those schools licensed exclusively in order to participate in state grants or SELF loan financial aid programs, shall be required to provide a school bond of $10,000.

 

(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 deposited by the private career school under paragraph (b).  The surety of any 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.


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(d) In lieu of bond, the applicant may deposit with the commissioner of management and budget a sum equal to the amount of the required surety bond in cash, an irrevocable letter of credit issued by a financial institution equal to the amount of the required surety bond, or securities as may be legally purchased by savings banks or for trust funds in an aggregate market value equal to the amount of the required surety bond.

 

(e) Failure of a private career 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. 24.  Minnesota Statutes 2018, section 136A.822, subdivision 10, is amended to read:

 

Subd. 10.  Catalog, brochure, or electronic display.  Before a license is issued to a private career school, the private career school shall furnish to the office a catalog, brochure, or electronic display including:

 

(1) identifying data, such as volume number and date of publication;

 

(2) name and address of the private career school and its governing body and officials;

 

(3) a calendar of the private career school showing legal holidays, beginning and ending dates of each course quarter, term, or semester, and other important dates;

 

(4) the private career school policy and regulations on enrollment including dates and specific entrance requirements for each program;

 

(5) the private career school policy and regulations about leave, absences, class cuts, make-up work, tardiness, and interruptions for unsatisfactory attendance;

 

(6) the private career school policy and regulations about standards of progress for the student including the grading system of the private career school, the minimum grades considered satisfactory, conditions for interruption for unsatisfactory grades or progress, a description of any probationary period allowed by the private career school, and conditions of reentrance for those dismissed for unsatisfactory progress;

 

(7) the private career school policy and regulations about student conduct and conditions for dismissal for unsatisfactory conduct;

 

(8) a detailed schedule of fees, charges for tuition, books, supplies, tools, student activities, laboratory fees, service charges, rentals, deposits, and all other charges;

 

(9) the private career school policy and regulations, including an explanation of section 136A.827, about refunding tuition, fees, and other charges if the student does not enter the program, withdraws from the program, or the program is discontinued;

 

(10) a description of the available facilities and equipment;

 

(11) a course outline syllabus 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) the private career school policy and regulations about granting credit for previous education and preparation;

 

(13) a notice to students relating to the transferability of any credits earned at the private career school to other institutions;


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(14) a procedure for investigating and resolving student complaints; and

 

(15) the name and address of the office.; and

 

(16) the student complaint process and rights under section 136A.8295.

 

A private career school that is exclusively a distance education school is exempt from clauses (3) and (5).

 

Sec. 25.  Minnesota Statutes 2018, section 136A.822, subdivision 12, is amended to read:

 

Subd. 12.  Permanent student records.  A private career school licensed under sections 136A.82 to 136A.834 and located in Minnesota shall maintain a permanent student record for each student for 50 years from the last date of the student's attendance.  A private career school licensed under this chapter and offering distance instruction to a student located in Minnesota shall maintain a permanent record for each Minnesota 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 student records, a private career school shall submit a plan that meets the following requirements:

 

(1) at least one copy of the records must be held in a secure, fireproof depository;

 

(2) an appropriate official must be designated to provide a student with copies of records or a transcript upon request;

 

(3) an alternative method, approved by the office, of complying with clauses (1) and (2) must be established if the private career school ceases to exist; and

 

(4) a continuous surety bond or irrevocable letter of credit issued by a financial institution must be filed with the office in an amount not to exceed $20,000 if the private career school has no binding agreement approved by the office, for preserving student records.  The bond or irrevocable letter of credit shall run to the state of Minnesota.  In the event of a school closure, the surety bond or irrevocable letter of credit must be used by the office to retrieve, recover, maintain, digitize, and destroy academic records.

 

Sec. 26.  [136A.8225] SCHOOL CLOSURE.

 

When a school intends to cease postsecondary education operations, announces its closure, or is informed by the office that the office anticipates the school's closure due to its licensure status or ability to meet criteria for approval under section 136A.822, subdivision 8, the school must provide the office:

 

(1) a notice of closure, including the name of the school, the name of the school owner, an active mailing address and telephone number that the school owner may be reached at after the school physically closes, the name of the school director, and the planned date for termination of postsecondary operations;

 

(2) a report of all students currently enrolled and all students enrolled within the prior 120 days, including the following information for each student:  name, address, school e­mail address, alternate e­mail address, program of study, number of credits completed, number of credits remaining, and enrollment status at closure;

 

(3) a report of refunds due to any student and the amount due;

 

(4) a written statement from the school's owner or designee affirming that all recruitment efforts, school marketing, advertisement, solicitation, and enrollment of new students has ceased;


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(5) a copy of any communication between the school's accreditors about the school closure;

 

(6) confirmation that the requirements for student records under section 136A.822, subdivision 12, have been satisfied, including:

 

(i) the planned date for the transfer of the student records;

 

(ii) confirmation of the name and address of the organization to receive and hold the student records; and

 

(iii) the official at the organization receiving the student records who is designated to provide official copies of records or transcripts upon request;

 

(7) academic information, including the school's most recent catalog, all course syllabi, and faculty credential information; and

 

(8) copies of any teach-out, transfer, or train-out agreement between the school and a new school for students to be able to complete their studies.  A teach-out fulfills the original contract or agreement between the closing school and the student.  If a teach-out is arranged for another approved school to do the remaining occupational training, that other school must (i) provide comparable education and training and (ii) agree that students transferring from the closing school pay only what the cost of tuition and fees remain unpaid according to the terms and conditions in the enrollment agreement entered into between the student and the closing school.

 

(b) Without limitation as to other circumstance, a school shall be deemed to have ceased operations when the school:

 

(1) has an unscheduled nonemergency closure or cancellation of classes for more than 24 hours without prior notice to the office;

 

(2) announces it is closed or closing; or

 

(3) files for bankruptcy.

 

(c) When a school is deemed to have ceased operations, the office shall provide the school a reasonable time to correct transcripts and grant credentials.  After that time, the office must revoke the school's registration.  This revocation is not appealable under section 136A.829, subdivision 2.

 

Sec. 27.  Minnesota Statutes 2018, section 136A.8295, is amended by adding a subdivision to read:

 

Subd. 6.  Disclosure.  Schools must disclose on their website, student handbook, and student catalog the student complaint process under this section to students.

 

Sec. 28.  Minnesota Statutes 2018, section 136A.8295, is amended by adding a subdivision to read:

 

Subd. 7.  Private information.  Student complaint data are private data on individuals, as defined in section 13.02, subdivision 12.  The office may disclose student complaint data to law enforcement officials or in connection with a legal or administrative proceeding commenced to enforce a requirement of law.


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Sec. 29.  Laws 2017, chapter 89, article 1, section 2, subdivision 29, is amended to read:

 

Subd. 29.  Emergency Assistance for Postsecondary Students

175,000

 

175,000

 

(a) This appropriation is for the Office of Higher Education to allocate grant funds on a matching basis to schools eligible institutions as defined under Minnesota Statutes, section 136A.103, located in Minnesota with a demonstrable homeless student population.

 

(b) This appropriation shall be used to meet immediate student needs that could result in a student not completing the term or their program including, but not limited to, emergency housing, food, and transportation.  Emergency assistance does not impact the amount of state financial aid received.

 

(c) The commissioner shall determine the application process and the grant amounts.  Any balance in the first year does not cancel but shall be available in the second year.  The Office of Higher Education shall partner with interested postsecondary institutions, other state agencies, and student groups to establish the programs.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 30.  COLLEGE SAVINGS PLAN MATCHING GRANTS.

 

Notwithstanding Minnesota Statutes, sections 136G.05, subdivision 5, 136G.09, subdivisions 10 and 12, 136G.11, and 136G.13, subdivisions 2, 3, and 4, through June 30, 2021, the commissioner of the Office of Higher Education may resolve matching grant issues that occurred after January 1, 2013.  The commissioner must act within the bounds of the reasonable person doctrine as necessary to resolve individual account owners' situations while limiting adverse consequences to those owners.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 31.  REPEALER.

 

Minnesota Statutes 2018, sections 136A.15, subdivisions 2 and 7; and 136A.1701, subdivision 12, are repealed."

 

      Delete the title and insert:

 

"A bill for an act relating to higher education; providing funding and policy changes for the Office of Higher Education, the Minnesota State Colleges and Universities, the University of Minnesota, and other related programs; modifying state grant program calculation parameters; requiring reports; appropriating money; amending Minnesota Statutes 2018, sections 13.322, subdivision 3; 127A.70, subdivision 2; 135A.15, subdivision 2, by adding a subdivision; 136A.101, subdivision 5a; 136A.121, subdivisions 5, 6; 136A.1215, subdivision 4; 136A.1275; 136A.15, subdivision 8; 136A.16, subdivisions 1, 2, 5, 8, 9; 136A.162; 136A.1701, subdivision 7; 136A.1789, subdivisions 1, 3, 5; 136A.1791, subdivisions 1, 2, 3, 4, 5; 136A.246, subdivisions 4, 8; 136A.64, subdivisions 1, 5, by adding a subdivision; 136A.645; 136A.646; 136A.672, by adding a subdivision; 136A.821, by adding subdivisions; 136A.822, subdivisions 6, 10, 12; 136A.8295, by adding subdivisions; 136A.87; 136F.20, by adding a


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subdivision; 136F.58, subdivision 3, by adding subdivisions; Laws 2017, chapter 89, article 1, section 2, subdivision 29; proposing coding for new law in Minnesota Statutes, chapters 136A; 136F; repealing Minnesota Statutes 2018, sections 136A.15, subdivisions 2, 7; 136A.1701, subdivision 12."

 

 

      The motion prevailed and the amendment was adopted.

 

 

      Freiberg was excused between the hours of 11:55 a.m. and 3:00 p.m.

 

 

Klevorn moved to amend S. F. No. 2415, the third engrossment, as amended, as follows:

 

Page 11, delete subdivision 39

 

Renumber the subdivisions in sequence

 

Page 12, line 33, delete "750,055,000" and insert "750,130,000" and delete "750,855,000" and insert "750,930,000"

 

Page 15, after line 12, insert:

 

"(l) This appropriation includes $75,000 in fiscal year 2020 and $75,000 in fiscal year 2021 for HealthForce Minnesota at Winona State University for the direct care service corps pilot program under article 2, section 26.  Up to $9,000 each year may be used by HealthForce Minnesota for administrative costs.  This is a onetime appropriation."

 

Adjust amounts accordingly

 

 

Bernardy moved to amend the Klevorn amendment to S. F. No. 2415, the third engrossment, as amended, as follows:

 

Page 1, line 5, delete "$750,855,000" and insert "$777,855,000"

 

Page 1, line 6, delete "$750,930,000" and insert "$777,930,000"

 

Adjust amounts accordingly

 

 

      The motion prevailed and the amendment to the amendment was adopted.

 

 

      The question recurred on the Klevorn amendment, as amended, to S. F. No. 2415, the third engrossment, as amended.  The motion prevailed and the amendment, as amended, was adopted.


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Runbeck moved to amend S. F. No. 2415, the third engrossment, as amended, as follows:

 

Page 41, after line 18, insert:

 

"Sec. 26.  DEBT PROJECTION TOOL REQUIRED.

 

(a) The Board of Trustees of the Minnesota State Colleges and Universities must make available to all enrolled and prospective students a student debt projection tool.  The tool must:

 

(1) incorporate information regarding the cost of various degrees and programs offered by the institution;

 

(2) allow a student to enter customized loan types, balances, interest rates, and applicable repayment plans;

 

(3) show resulting monthly payments and the number of years required to pay off debt;

 

(4) include information about average annual salaries for various professions and occupations; and

 

(5) provide any additional information necessary to fully inform students of the financial consequences student loan debt.

 

(b) Upon enrollment at a state college or university, a student must sign a form developed by the Board of Trustees verifying that the student has received information regarding the debt projection tool required in paragraph (a).

 

(c) The Board of Regents of the University of Minnesota is requested to comply with this section."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Runbeck amendment and the roll was called.  There were 58 yeas and 71 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson

Backer

Bahr

Baker

Bennett

Boe

Daniels

Daudt

Davids

Demuth

Dettmer

Drazkowski

Erickson

Fabian

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Johnson

Jurgens

Kiel

Koznick

Kresha

Layman

Lucero

Lueck

McDonald

Mekeland

Miller

Munson

Nash

Nelson, N.

Neu

Nornes

O'Neill

Pelowski

Petersburg

Poston

Quam

Robbins

Runbeck

Schomacker

Scott

Swedzinski

Theis

Torkelson

Urdahl

Vogel

West

Zerwas


 

      Those who voted in the negative were:

 


Acomb

Bahner

Becker-Finn

Bernardy

Bierman

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Davnie

Dehn

Ecklund

Edelson

Elkins

Fischer


Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5201

Gomez

Hansen

Hausman

Her

Hornstein

Howard

Huot

Klevorn

Koegel

Kotyza-Witthuhn

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Loeffler

Long

Mahoney

Mann

Mariani

Marquart

Masin

Moller

Moran

Morrison

Murphy

Nelson, M.

Noor

Olson

Persell

Pinto

Poppe

Pryor

Richardson

Sandell

Sandstede

Sauke

Schultz

Stephenson

Sundin

Tabke

Vang

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

Franson moved to amend S. F. No. 2415, the third engrossment, as amended, as follows:

 

Page 23, after line 17, insert:

 

"Sec. 2.  Minnesota Statutes 2018, section 135A.043, is amended to read:

 

135A.043 RESIDENT TUITION.

 

(a) A student, other than a nonimmigrant an alien within the meaning of United States Code, title 8, section 1101, subsection (a), paragraph (15) (3), who does not have a legal right or authorization under federal law to work in the United States as described in United States Code, title 8, section 1324a, subsection (h), paragraph (3), shall qualify for a resident tuition rate or its equivalent at state universities and colleges if the student meets all of the following requirements:

 

(1) high school attendance within the state for three or more years; and

 

(2) graduation from a state high school or attainment within the state of the equivalent of high school graduation; and.

 

(3) in the case of a student without lawful immigration status:  (i) documentation that the student has complied with selective service registration requirements; and (ii) if a federal process exists for the student to obtain lawful immigration status, the student must present the higher education institution with documentation from federal immigration authorities that the student has filed an application to obtain lawful immigration status.

 

(b) This section is in addition to any other statute, rule, or higher education institution regulation or policy providing eligibility for a resident tuition rate or its equivalent to a student.

 

(c) The Board of Regents of the University of Minnesota is requested to adopt a policy implementing this section."

 

Page 26, after line 11, insert:

 

"Sec. 5.  Minnesota Statutes 2018, section 136A.101, subdivision 8, is amended to read:

 

Subd. 8.  Resident student.  "Resident student" means a student, other than an alien within the meaning of United States Code, title 8, section 1101, subsection (a), paragraph (3), who does not have a legal right or authorization under federal law to work in the United States as described in United States Code, title 8, section 1324a, subsection (h), paragraph (3), who meets one of the following conditions:


Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5202

(1) a student who has resided in Minnesota for purposes other than postsecondary education for at least 12 months without being enrolled at a postsecondary educational institution for more than five credits in any term;

 

(2) a dependent student whose parent or legal guardian resides in Minnesota at the time the student applies;

 

(3) a student who graduated from a Minnesota high school, if the student was a resident of Minnesota during the student's period of attendance at the Minnesota high school and the student is physically attending a Minnesota postsecondary educational institution;

 

(4) a student who, after residing in the state for a minimum of one year, earned a high school equivalency certificate in Minnesota;

 

(5) a member, spouse, or dependent of a member of the armed forces of the United States stationed in Minnesota on active federal military service as defined in section 190.05, subdivision 5c;

 

(6) a spouse or dependent of a veteran, as defined in section 197.447, if the veteran is a Minnesota resident;

 

(7) a person or spouse of a person who relocated to Minnesota from an area that is declared a presidential disaster area within the preceding 12 months if the disaster interrupted the person's postsecondary education;

 

(8) a person defined as a refugee under United States Code, title 8, section 1101(a)(42), who, upon arrival in the United States, moved to Minnesota and has continued to reside in Minnesota;

 

(9) a student eligible for resident tuition under section 135A.043; or

 

(10) an active member, or a spouse or dependent of that member, of the state's National Guard who resides in Minnesota or an active member, or a spouse or dependent of that member, of the reserve component of the United States armed forces whose duty station is located in Minnesota and who resides in Minnesota."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Franson amendment and the roll was called.  There were 59 yeas and 69 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson

Backer

Bahr

Baker

Bennett

Boe

Daniels

Daudt

Davids

Demuth

Dettmer

Drazkowski

Erickson

Fabian

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Heinrich

Heintzeman

Hertaus

Johnson

Jurgens

Kiel

Kresha

Layman

Lien

Lislegard

Lucero

Lueck

Marquart

McDonald

Mekeland

Miller

Munson

Nash

Nelson, N.

Neu

Nornes

O'Neill

Pelowski

Petersburg

Poston

Quam

Robbins

Runbeck

Schomacker

Scott

Swedzinski

Theis

Torkelson

Urdahl

Vogel

West

Zerwas



Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5203

           Those who voted in the negative were:

 


Acomb

Bahner

Becker-Finn

Bernardy

Bierman

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Davnie

Dehn

Ecklund

Edelson

Elkins

Fischer

Gomez

Hamilton

Hansen

Hausman

Her

Hornstein

Howard

Huot

Klevorn

Koegel

Kotyza-Witthuhn

Kunesh-Podein

Lee

Lesch

Liebling

Lillie

Lippert

Loeffler

Long

Mahoney

Mann

Mariani

Masin

Moller

Moran

Morrison

Murphy

Nelson, M.

Noor

Olson

Persell

Pinto

Poppe

Pryor

Richardson

Sandell

Sandstede

Sauke

Schultz

Stephenson

Sundin

Tabke

Vang

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

Lucero moved to amend S. F. No. 2415, the third engrossment, as amended, as follows:

 

Page 27, after line 13, insert:

 

"Sec. 7.  Minnesota Statutes 2018, section 136A.121, subdivision 7, is amended to read:

 

Subd. 7.  Insufficient appropriation.  (a) If the amount appropriated is determined by the office to be insufficient to make full awards to applicants under subdivision 5, awards must be reduced by:

 

(1) adding a surcharge to the applicant's assigned family responsibility, as defined in section 136A.101, subdivision 5a; and

 

(2) a percentage increase in the applicant's assigned student responsibility, as defined in subdivision 5.

 

The reduction under clauses (1) and (2) must be equal dollar amounts.

 

(b) If the office must reduce awards under paragraph (a), the office must first reduce or eliminate all awards for students who do not have a legal right or authorization under federal law to work in the United States as described in United States Code, title 8, section 1324a, subsection (h), paragraph (3), before it reduces any award for:

 

(1) the dependent child of a veteran, as defined in section 197.447, who is deceased or who has a compensable service-connected disability as adjudicated by the United States Veterans Administration, or by the retirement board of one of the several branches of the armed forces; or

 

(2) the dependent child of a public safety officer wounded or killed in the line of duty, as those terms are defines in section 299A.41."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.


Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5204

           The question was taken on the Lucero amendment and the roll was called.  There were 54 yeas and 69 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson

Backer

Bahr

Baker

Bennett

Boe

Daniels

Daudt

Davids

Demuth

Dettmer

Drazkowski

Erickson

Fabian

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Johnson

Jurgens

Kiel

Koznick

Layman

Lislegard

Lucero

Lueck

Marquart

McDonald

Mekeland

Miller

Munson

Nash

Neu

Nornes

O'Neill

Pelowski

Petersburg

Poston

Quam

Robbins

Runbeck

Scott

Theis

Torkelson

Urdahl

Vogel

West


 

      Those who voted in the negative were:

 


Acomb

Bahner

Becker-Finn

Bernardy

Bierman

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Davnie

Dehn

Ecklund

Edelson

Elkins

Fischer

Gomez

Hansen

Hausman

Her

Hornstein

Howard

Huot

Klevorn

Koegel

Kotyza-Witthuhn

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Loeffler

Long

Mahoney

Mann

Mariani

Masin

Moller

Moran

Morrison

Murphy

Nelson, M.

Noor

Olson

Persell

Pinto

Poppe

Pryor

Richardson

Sandell

Sandstede

Sauke

Schultz

Stephenson

Sundin

Tabke

Vang

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

Baker moved to amend S. F. No. 2415, the third engrossment, as amended, as follows:

 

Page 41, after line 18, insert:

 

"Sec. 27.  LEGISLATIVE TASK FORCE ON UNIVERSITY AUTONOMY.

 

Subdivision 1.  Membership.  (a) The Legislative Task Force on University Autonomy is established.  The task force consists of:

 

(1) four members of the house of representatives, two appointed by the speaker of the house, and two appointed by the minority leader of the house of representatives; and

 

(2) four members of the senate appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration, two of whom must represent the majority caucus of the senate, and one of whom must represent the minority caucus of the senate.

 

(b) Appointments required by this section must be made no later than July 15, 2019.  The task force must elect a chair from among its members and may elect other officers as it determines are necessary.


Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5205

Subd. 2.  Duties; report required.  The task force must study the issue of the University of Minnesota's constitutional autonomy and explore options for bringing the University of Minnesota under control of the legislature.  By December 1, 2020, the task force must submit a report to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over higher education finance.  The report may include recommendations for legislation.

 

Subd. 3.  Staff.  The Legislative Coordinating Commission must provide administrative assistance to support the work of the task force.

 

Subd. 4.  Expiration.  The task force expires upon submission of its report under subdivision 2."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Baker amendment and the roll was called.  There were 53 yeas and 75 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson

Backer

Bahr

Baker

Bennett

Boe

Daniels

Daudt

Davids

Demuth

Dettmer

Drazkowski

Erickson

Fabian

Franson

Garofalo

Green

Grossell

Gunther

Haley

Hamilton

Hertaus

Johnson

Jurgens

Kiel

Koznick

Kresha

Layman

Lucero

Lueck

McDonald

Mekeland

Miller

Munson

Nash

Nelson, N.

Neu

Nornes

Pelowski

Petersburg

Poston

Robbins

Runbeck

Schomacker

Scott

Swedzinski

Theis

Torkelson

Urdahl

Vogel

West

Zerwas


 

      Those who voted in the negative were:

 


Acomb

Bahner

Becker-Finn

Bernardy

Bierman

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Davnie

Dehn

Ecklund

Edelson

Elkins

Fischer

Gomez

Gruenhagen

Hansen

Hausman

Heinrich

Her

Hornstein

Howard

Huot

Klevorn

Koegel

Kotyza-Witthuhn

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Loeffler

Long

Mahoney

Mann

Mariani

Marquart

Masin

Moller

Moran

Morrison

Murphy

Nelson, M.

Noor

Olson

O'Neill

Persell

Pinto

Poppe

Pryor

Quam

Richardson

Sandell

Sandstede

Sauke

Schultz

Stephenson

Sundin

Tabke

Vang

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

 

      The motion did not prevail and the amendment was not adopted.


Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5206

Runbeck moved to amend S. F. No. 2415, the third engrossment, as amended, as follows:

 

Page 40, after line 13, insert: 

 

"Sec. 24.  [137.026] ADMINISTRATIVE COSTS.

 

(a) The Board of Regents of the University of Minnesota is requested to maintain administrative costs at or below 15 percent of the university's total expenditures for its fiscal year.  If the university's administrative costs exceed 15 percent of total expenditures, the board must remit to the state treasury an amount equal to the excess by the end of the university's fiscal year.

 

(b) Administrative costs are expenditures not associated with direct mission delivery or student aid.  Administrative costs must include personnel and nonpersonnel expenses in the university's leadership and oversight and in mission support and facilities, but must exclude the following items:

 

(1) student workers;

 

(2) campus operations;

 

(3) repair and maintenance;

 

(4) utilities;

 

(5) rents or leases; and

 

(6) debt and capital project transfers.

 

(c) The accounting methods for calculating administrative costs under this section must conform with the accounting methods used in reporting administrative costs under section 135A.031, subdivision 7, paragraph (a), clause (11), item (vii).

 

(d) Within 90 days of the end of the university's fiscal year, the board is requested to report data on its administrative costs to the legislature.  The report must include the ratio of administrative costs to the university's total expenditures and explain any amounts remitted to the state treasury under paragraph (a).  The report must explain any change in accounting methods from the previous year's report.  The report must be filed in accordance with section 3.195, with copies provided to the chairs and ranking minority members of the committees in the house of representatives and the senate with jurisdiction over higher education finance and policy."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Runbeck amendment and the roll was called.  There were 58 yeas and 70 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson

Backer

Bahr

Baker

Bennett

Boe

Daniels

Daudt

Davids

Demuth

Dettmer

Drazkowski

Erickson

Fabian

Franson

Garofalo

Green


Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5207

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Johnson

Jurgens

Kiel

Koznick

Kresha

Layman

Lesch

Lucero

Lueck

McDonald

Mekeland

Miller

Munson

Nash

Nelson, N.

Neu

Nornes

O'Neill

Pelowski

Petersburg

Poston

Quam

Robbins

Runbeck

Schomacker

Scott

Swedzinski

Theis

Torkelson

Urdahl

West

Zerwas


 

      Those who voted in the negative were:

 


Acomb

Bahner

Becker-Finn

Bernardy

Bierman

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Davnie

Dehn

Ecklund

Edelson

Elkins

Fischer

Gomez

Hansen

Hausman

Her

Hornstein

Howard

Huot

Klevorn

Koegel

Kotyza-Witthuhn

Kunesh-Podein

Lee

Liebling

Lien

Lillie

Lippert

Lislegard

Loeffler

Long

Mahoney

Mann

Mariani

Marquart

Masin

Moller

Moran

Morrison

Murphy

Nelson, M.

Noor

Olson

Persell

Pinto

Poppe

Pryor

Richardson

Sandell

Sandstede

Sauke

Schultz

Stephenson

Sundin

Tabke

Vang

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

Zerwas moved to amend S. F. No. 2415, the third engrossment, as amended, as follows:

 

Page 3, delete subdivision 14

 

Renumber the subdivisions in sequence

 

Page 9, line 28, delete "1,000,000" and insert "3,000,000" and delete "1,000,000" and insert "3,000,000"

 

Page 27, delete section 7

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Zerwas amendment and the roll was called.  There were 58 yeas and 69 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson

Backer

Bahr

Baker

Bennett

Boe

Daniels

Daudt

Davids

Demuth

Dettmer

Drazkowski

Erickson

Fabian

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Howard

Johnson

Jurgens

Kiel


Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5208

Koznick

Kresha

Layman

Lucero

Lueck

McDonald

Mekeland

Miller

Munson

Nash

Nelson, N.

Neu

Nornes

O'Neill

Petersburg

Poston

Quam

Robbins

Runbeck

Sandstede

Schomacker

Scott

Swedzinski

Theis

Torkelson

Urdahl

West

Zerwas


 

      Those who voted in the negative were:

 


Acomb

Bahner

Becker-Finn

Bernardy

Bierman

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Davnie

Dehn

Ecklund

Edelson

Elkins

Fischer

Gomez

Hansen

Hausman

Her

Hornstein

Klevorn

Koegel

Kotyza-Witthuhn

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Loeffler

Long

Mahoney

Mann

Mariani

Marquart

Masin

Moller

Moran

Morrison

Murphy

Nelson, M.

Noor

Olson

Pelowski

Persell

Pinto

Poppe

Pryor

Richardson

Sandell

Sauke

Schultz

Stephenson

Sundin

Tabke

Vang

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

Nornes moved to amend S. F. No. 2415, the third engrossment, as amended, as follows:

 

Page 41, after line 18, insert:

 

"Sec. 26.  FAILURE TO HOLD A JOINT CONVENTION TO ELECT REGENTS.

 

If a joint convention to elect regents under rule 4.02 of the joint rules of the house of representatives and the senate is not held by the day the legislature adjourns its regular 2019 session sine die, the speaker of the house must issue a public explanation describing why the convention was not held."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion did not prevail and the amendment was not adopted.

 

 

Nornes moved to amend S. F. No. 2415, the third engrossment, as amended, as follows:

 

Page 40, after line 13, insert:

 

"Sec. 24.  Minnesota Statutes 2018, section 137.0246, is amended by adding a subdivision to read:

 

Subd. 3.  Joint convention to elect regents.  By April 15 of each odd-numbered year, the senate and the house of representatives shall meet in joint convention to elect regents.  The joint rules of the senate and the house of representatives must be amended to conform to the requirements of this subdivision.  If there is a conflict between the joint rules and this section, this section must prevail."


Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5209

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion did not prevail and the amendment was not adopted.

 

 

      S. F. No. 2415, A bill for an act relating to higher education; providing funding and policy changes for the Office of Higher Education, the Minnesota State Colleges and Universities, and the University of Minnesota; modifying the state grant formula; requiring a report; appropriating money; amending Minnesota Statutes 2018, sections 13.322, subdivision 3; 135A.15, subdivision 2; 136A.101, subdivision 5a; 136A.121, subdivision 6; 136A.1215, subdivision 4; 136A.1275, subdivisions 2, 3; 136A.15, subdivision 8; 136A.16, subdivisions 1, 2, 5, 8, 9; 136A.162; 136A.1701, subdivision 7; 136A.1789, subdivisions 1, 3, 5; 136A.64, subdivisions 1, 5, by adding a subdivision; 136A.645; 136A.646; 136A.672, by adding a subdivision; 136A.821, by adding subdivisions; 136A.822, subdivisions 6, 10, 12; 136A.8295, by adding subdivisions; 136A.87; 136F.20, by adding a subdivision; 136F.38; 136F.58, by adding a subdivision; 179A.20, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 136A; 136F; 137; repealing Minnesota Statutes 2018, sections 136A.15, subdivisions 2, 7; 136A.1701, subdivision 12.

 

 

      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 72 yeas and 57 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Bahner

Becker-Finn

Bernardy

Bierman

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Davnie

Dehn

Ecklund

Edelson

Elkins

Fischer

Gomez

Hansen

Hausman

Her

Hornstein

Howard

Huot

Klevorn

Koegel

Kotyza-Witthuhn

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Loeffler

Long

Mahoney

Mann

Mariani

Marquart

Masin

Moller

Moran

Morrison

Murphy

Nelson, M.

Noor

Olson

Pelowski

Persell

Pinto

Poppe

Pryor

Richardson

Sandell

Sandstede

Sauke

Schultz

Stephenson

Sundin

Tabke

Vang

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Albright

Anderson

Backer

Bahr

Baker

Bennett

Boe

Daniels

Daudt

Davids

Demuth

Dettmer

Drazkowski

Erickson

Fabian

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Johnson

Jurgens

Kiel

Koznick

Kresha

Layman

Lucero

Lueck

McDonald

Mekeland

Miller

Munson

Nash

Nelson, N.

Neu

Nornes

O'Neill

Petersburg

Poston

Quam

Robbins

Runbeck

Schomacker

Scott

Swedzinski

Theis

Torkelson

Urdahl

Vogel

West

Zerwas


 

 

      The bill was passed, as amended, and its title agreed to.


Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5210

ANNOUNCEMENT BY THE SPEAKER

PURSUANT TO RULE 1.15(c)

 

A message from the Senate was received requesting concurrence by the House to amendments adopted by the Senate to the following House File:

 

H. F. No. 15.

 

 

      Winkler moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by Speaker pro tempore Halverson.

 

 

CALENDAR FOR THE DAY, Continued

 

 

 

      S. F. No. 2314 was reported to the House.

 

 

      Hansen moved to amend S. F. No. 2314, the third engrossment, as follows:

 

      Delete everything after the enacting clause and insert the following language of H. F. No. 2209, the first engrossment:

 

"ARTICLE 1

ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS

 

Section 1.  ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2020" and "2021" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2020, or June 30, 2021, respectively.  "The first year" is fiscal year 2020.  "The second year" is fiscal year 2021.  "The biennium" is fiscal years 2020 and 2021.  Appropriations for the fiscal year ending June 30, 2019, are effective the day following final enactment.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2020

2021

 

Sec. 2.  POLLUTION CONTROL AGENCY

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$104,873,000

 

$103,365,000


Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5211

Appropriations by Fund

 

 

 

2020

 

2021

 

General

7,956,000

6,740,000

 

State Government Special Revenue

 

75,000

 

75,000

 

Environmental

81,110,000

82,440,000

 

Remediation

14,110,000

14,110,000

 

Closed Landfill Investment

 

1,622,000

 

-0-

 

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

Subd. 2.  Environmental Analysis and Outcomes

 

 13,468,000

 

 13,308,000

 

Appropriations by Fund

 

 

2020

 

2021

General

596,000

346,000

Environmental

12,671,000

12,761,000

Remediation

201,000

201,000

 

(a) $89,000 the first year and $89,000 the second year are for:

 

(1) a municipal liaison to assist municipalities in implementing and participating in the rulemaking process for water quality standards and navigating the NPDES/SDS permitting process;

 

(2) enhanced economic analysis in the rulemaking process for water quality standards, including more-specific analysis and identification of cost-effective permitting;

 

(3) developing statewide economic analyses and templates to reduce the amount of information and time required for municipalities to apply for variances from water quality standards; and

 

(4) coordinating with the Public Facilities Authority to identify and advocate for the resources needed for municipalities to achieve permit requirements.

 

(b) $205,000 the first year and $205,000 the second year are from the environmental fund for a monitoring program under Minnesota Statutes, section 116.454.

 

(c) $115,000 the first year and $115,000 the second year are for monitoring water quality and operating assistance programs.


Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5212

(d) $347,000 the first year and $347,000 the second year are from the environmental fund for monitoring ambient air for hazardous pollutants.

 

(e) $90,000 the first year and $90,000 the second year are from the environmental fund for duties related to harmful chemicals in products under Minnesota Statutes, sections 116.9401 to 116.9407.  Of this amount, $57,000 each year is transferred to the commissioner of health.

 

(f) $109,000 the first year and $109,000 the second year are from the environmental fund for registering wastewater laboratories.

 

(g) $926,000 the first year and $926,000 the second year are from the environmental fund to continue perfluorochemical biomonitoring in eastern metropolitan communities, as recommended by the Environmental Health Tracking and Biomonitoring Advisory Panel, and to address other environmental health risks, including air quality.  The communities must include Hmong and other immigrant farming communities.  Of this amount, up to $689,000 the first year and $689,000 the second year are for transfer to the Department of Health.

 

(h) $51,000 the first year and $51,000 the second year are from the environmental fund for the listing procedures for impaired waters required under this act.

 

(i) $141,000 the first year and $141,000 the second year are to implement and enforce Minnesota Statutes, section 325F.071.  Of this amount, up to $65,000 each year may be transferred to the commissioner of health.

 

(j) $250,000 the first year is for transfer to the commissioner of health for enhanced blood lead testing, lead poisoning prevention efforts, and asthma education as recommended by the Northern Metals Consent Decree Advisory Committee.  This is a onetime appropriation.

 

(k) The base for the general fund in fiscal year 2022 and later is $345,000.

 

Subd. 3.  Industrial

 

15,473,000

 

15,606,000

 

Appropriations by Fund

 

 

2020

 

2021

Environmental

14,472,000

14,605,000

Remediation

1,001,000

1,001,000


Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5213

(a) $1,001,000 the first year and $1,001,000 the second year are from the remediation fund for the leaking underground storage tank program to investigate, clean up, and prevent future releases from underground petroleum storage tanks and for the petroleum remediation program for vapor assessment and remediation.  These same annual amounts are transferred from the petroleum tank fund to the remediation fund.

 

(b) $393,000 the first year and $393,000 the second year are from the environmental fund to further evaluate the use and reduction of trichloroethylene around Minnesota and identify its potential health impacts on communities.  Of this amount, up to $121,000 each year may be transferred to the commissioner of health.  This is a onetime appropriation.

 

Subd. 4.  Municipal

 

8,232,000

 

7,859,000

 

Appropriations by Fund

 

 

2020

 

2021

General

164,000

164,000

Environmental

8,068,000

7,695,000

 

(a) $164,000 the first year and $164,000 the second year are for:

 

(1) a municipal liaison to assist municipalities in implementing and participating in the rulemaking process for water quality standards and navigating the NPDES/SDS permitting process;

 

(2) enhanced economic analysis in the rulemaking process for water quality standards, including more-specific analysis and identification of cost-effective permitting;

 

(3) developing statewide economic analyses and templates to reduce the amount of information and time required for municipalities to apply for variances from water quality standards; and

 

(4) coordinating with the Public Facilities Authority to identify and advocate for the resources needed for municipalities to achieve permit requirements.

 

(b) $50,000 the first year and $50,000 the second year are from the environmental fund for transfer to the Office of Administrative Hearings to establish sanitary districts.

 

(c) $671,000 the first year and $671,000 the second year are from the environmental fund for subsurface sewage treatment system (SSTS) program administration and community technical assistance and education, including grants and technical assistance to communities for water-quality protection.  Of this amount,


Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5214

$129,000 each year is for assistance to counties through grants for SSTS program administration.  A county receiving a grant from this appropriation must submit the results achieved with the grant to the commissioner as part of its annual SSTS report.  Any unexpended balance in the first year does not cancel but is available in the second year.

 

(d) $784,000 the first year and $784,000 the second year are from the environmental fund to address the need for continued increased activity in new technology review, technical assistance for local governments, and enforcement under Minnesota Statutes, sections 115.55 to 115.58, and to complete the requirements of Laws 2003, chapter 128, article 1, section 165.

 

(e) $373,000 the first year is from the environmental fund to meet the increased demand for technical assistance and review of municipal water infrastructure projects that will be generated by increased grant funding through the Public Facilities Authority.  This is a onetime appropriation and is available until June 30, 2021.

 

(f) Notwithstanding Minnesota Statutes, section 16A.28, the appropriations encumbered on or before June 30, 2021, as grants or contracts for subsurface sewage treatment systems, surface water and groundwater assessments, storm water, and water-quality protection in this subdivision are available until June 30, 2024.

 

Subd. 5.  Operations

 

 7,526,000

 

 8,337,000

 

Appropriations by Fund

 

 

2020

 

2021

General

2,490,000

2,490,000

Environmental

4,208,000

5,019,000

Remediation

828,000

828,000

 

(a) $180,000 the first year and $180,000 the second year are from the remediation fund for the leaking underground storage tank program to investigate, clean up, and prevent future releases from underground petroleum storage tanks and for the petroleum remediation program for vapor assessment and remediation.  These same annual amounts are transferred from the petroleum tank fund to the remediation fund.

 

(b) $2,490,000 the first year and $2,490,000 the second year are to support agency information technology services provided at the enterprise and agency level.

 

(c) $800,000 the second year is from the environmental fund to develop and maintain systems to support permitting and regulatory business processes and agency data. 


Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5215

Subd. 6.  Remediation

 

14,516,000

 

12,945,000

 

Appropriations by Fund

 

 

2020

 

2021

General

216,000

-0-

Environmental

832,000

1,099,000

Remediation

11,846,000

11,846,000

Closed Landfill Investment

 

1,622,000

 

-0-

 

(a) All money for environmental response, compensation, and compliance in the remediation fund not otherwise appropriated is appropriated to the commissioners of the Pollution Control Agency and agriculture for purposes of Minnesota Statutes, section 115B.20, subdivision 2, clauses (1), (2), (3), (6), and (7).  At the beginning of each fiscal year, the two commissioners must jointly submit to the commissioner of management and budget an annual spending plan that maximizes resource use and appropriately allocates the money between the two departments.  This appropriation is available until June 30, 2021.

 

(b) $216,000 the first year from the general fund is a onetime appropriation and $217,000 the first year and $484,000 the second year are from the environmental fund to manage contaminated sediment projects at multiple sites identified in the St. Louis River remedial action plan to restore water quality in the St. Louis River Area of Concern.  The base for the environmental fund in fiscal year 2022 and later is $363,000.

 

(c) $3,961,000 the first year and $3,961,000 the second year are from the remediation fund for the leaking underground storage tank program to investigate, clean up, and prevent future releases from underground petroleum storage tanks and for the petroleum remediation program for vapor assessment and remediation.  These same annual amounts are transferred from the petroleum tank fund to the remediation fund.

 

(d) $257,000 the first year and $257,000 the second year are from the remediation fund for transfer to the commissioner of health for private water-supply monitoring and health assessment costs in areas contaminated by unpermitted mixed municipal solid waste disposal facilities and drinking water advisories and public information activities for areas contaminated by hazardous releases.

 

(e) Notwithstanding Minnesota Statutes, section 115B.421, $1,622,000 the first year is from the closed landfill investment fund for settling obligations with the federal government, remedial investigations, feasibility studies, engineering, and cleanup-related activities for purposes of environmental response actions at a priority qualified facility under Minnesota Statutes, sections 115B.406 and 115B.407.  This is a onetime appropriation and is available until June 30, 2021.


Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5216

Subd. 7.  Resource Management and Assistance

 

 34,549,000

 

 34,701,000

 

Appropriations by Fund

 

 

2020

 

2021

General

950,000

700,000

State Government Special Revenue

 

75,000

 

75,000

Environmental

 33,524,000

 33,926,000

 

(a) Up to $150,000 the first year and $150,000 the second year may be transferred from the environmental fund to the small business environmental improvement loan account under Minnesota Statutes, section 116.993.

 

(b) $1,000,000 the first year and $1,000,000 the second year are for competitive recycling grants under Minnesota Statutes, section 115A.565.  Of this amount, $700,000 each year is from the general fund and $300,000 is from the environmental fund.  This appropriation is available until June 30, 2023.  Any unencumbered grant balances in the first year do not cancel but are available for grants in the second year.

 

(c) $694,000 the first year and $694,000 the second year are from the environmental fund for emission-reduction activities and grants to small businesses and other nonpoint-emission-reduction efforts.  Of this amount, $100,000 the first year and $100,000 the second year are to continue work with Clean Air Minnesota, and the commissioner may enter into an agreement with Environmental Initiative to support this effort.  Any unencumbered grant balances in the first year do not cancel but are available for grants in the second year.

 

(d) $17,250,000 the first year and $17,250,000 the second year are from the environmental fund for SCORE block grants to counties.  Any unencumbered grant balances in the first year do not cancel but are available for grants in the second year.

 

(e) $119,000 the first year and $119,000 the second year are from the environmental fund for environmental assistance grants or loans under Minnesota Statutes, section 115A.0716.  Any unencumbered grant and loan balances in the first year do not cancel but are available for grants and loans in the second year.

 

(f) $112,000 the first year and $112,000 the second year are from the environmental fund for subsurface sewage treatment system (SSTS) program administration and community technical assistance and education, including grants and technical assistance to communities for water-quality protection.


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(g) $169,000 the first year and $169,000 the second year are from the environmental fund to address the need for continued increased activity in new technology review, technical assistance for local governments, and enforcement under Minnesota Statutes, sections 115.55 to 115.58, and to complete the requirements of Laws 2003, chapter 128, article 1, section 165.

 

(h) $250,000 the first year is for public engagement and outreach that supports developing and implementing policies to address climate change.  This is a onetime appropriation.  Public meetings held as part of efforts under this appropriation must be distributed evenly among the following three areas:  Minneapolis and St. Paul; cities in the seven-county metropolitan area, but not including Minneapolis and St. Paul; and areas outside the seven-county metropolitan area.

 

(i) $400,000 the second year is from the environmental fund for grants to develop and expand recycling markets for Minnesota businesses.

 

(j) $30,000 the first year and $30,000 the second year are from the environmental fund for reviewing financial qualifications of waste tire facility permit applicants under Minnesota Statutes, section 115A.903.

 

(k) $244,000 the first year and $222,000 the second year are from the environmental fund for the voluntary certification program for commercial deicer applicators under Minnesota Statutes, section 116.2025.

 

(l) All money deposited in the environmental fund for the metropolitan solid waste landfill fee in accordance with Minnesota Statutes, section 473.843, and not otherwise appropriated, is appropriated for the purposes of Minnesota Statutes, section 473.844.

 

(m) Notwithstanding Minnesota Statutes, section 16A.28, the appropriations encumbered on or before June 30, 2021, as contracts or grants for environmental assistance awarded under Minnesota Statutes, section 115A.0716; technical and research assistance under Minnesota Statutes, section 115A.152; technical assistance under Minnesota Statutes, section 115A.52; and pollution prevention assistance under Minnesota Statutes, section 115D.04, are available until June 30, 2023.

 

Subd. 8.  Watershed

 

9,485,000

 

9,335,000

 

Appropriations by Fund

 

 

2020

 

2021

General

2,109,000

1,959,000

Environmental

7,142,000

7,142,000

Remediation

234,000

234,000


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(a) $1,959,000 the first year and $1,959,000 the second year are for grants to delegated counties to administer the county feedlot program under Minnesota Statutes, section 116.0711, subdivisions 2 and 3.  Money remaining after the first year is available for the second year.

 

(b) $208,000 the first year and $208,000 the second year are from the environmental fund for the costs of implementing general operating permits for feedlots over 1,000 animal units.

 

(c) $122,000 the first year and $122,000 the second year are from the remediation fund for the leaking underground storage tank program to investigate, clean up, and prevent future releases from underground petroleum storage tanks and for the petroleum remediation program for vapor assessment and remediation.  These same annual amounts are transferred from the petroleum tank fund to the remediation fund.

 

(d) $150,000 the first year is for a grant to the Minnesota Association of County Feedlot Officers to develop, in coordination with the Pollution Control Agency and the University of Minnesota Extension program, an online training curriculum related to animal feedlot requirements under Minnesota Rules, chapter 7020.  The curriculum must be developed to:

 

(1) provide base-level knowledge to new and existing county feedlot pollution control officers on feedlot registration, permitting, compliance, enforcement, and program administration;

 

(2) provide assistance to new and existing county feedlot pollution control officers for working efficiently and effectively with producers; and

 

(3) reduce the incidence of manure or nutrients entering surface water or groundwater.

 

Subd. 9.  Environmental Quality Board

 

1,624,000

 

1,274,000

 

Appropriations by Fund

 

 

2020

 

2021

General

1,431,000

1,081,000

Environmental

193,000

193,000

 

$350,000 the first year is for a grant to the Board of Regents of the University of Minnesota, Water Resources Center, for a comprehensive study of the economic benefits of managed aquifer recharge and to make recommendations to enhance and replenish Minnesota's groundwater resources.  This is a onetime appropriation and is available until June 30, 2021.  The study must include but is not limited to:


Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5219

(1) examining the potential benefits of enhancing groundwater recharge in water-stressed areas;

 

(2) assessing the relationship to changing seasonality and intensity of precipitation on groundwater recharge rates;

 

(3) reviewing the approaches to manage recharge in geologically appropriate areas;

 

(4) identifying policy options, costs, and barriers to recharging groundwater; and

 

(5) assessing the economic returns of options for groundwater recharge.

 

In conducting the study, the Water Resources Center must convene a stakeholder group and provide for public participation.  By January 15, 2021, the Water Resources Center must present its findings and recommendations in a report submitted to the chairs of the legislative committees and divisions with jurisdiction over environment and natural resources policy.

 

Subd. 10.  Transfers

 

 

 

 

 

(a) The commissioner must transfer up to $44,000,000 from the environmental fund to the remediation fund for purposes of the remediation fund under Minnesota Statutes, section 116.155, subdivision 2. 

 

(b) $1,800,000 the first year is transferred from the remediation fund to the dry cleaner environmental response and reimbursement account for purposes of Minnesota Statutes, section 115B.49.  By January 15, 2020, the commissioner of the Pollution Control Agency must submit a report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over environment and natural resources finance that includes an assessment of the possibility of recovering environmental response costs from insurance held by dry cleaning facilities.

 

Subd. 11.  Cancellations

 

 

 

 

 

(a) The unencumbered amount of the environmental fund appropriation in Laws 2016, chapter 189, article 3, section 2, subdivision 2, for technical assistance and review of municipal wastewater infrastructure projects, estimated to be $373,000, is canceled on June 30, 2019.

 

(b) The unencumbered amount of the closed landfill investment fund appropriation in Laws 2017, chapter 93, article 1, section 2, subdivision 6, for settling obligations, remedial investigations,


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feasibility studies, engineering, and cleanup-related activities for purposes of environmental response actions at a priority qualified facility, estimated to be $1,622,000, is canceled on June 30, 2019.

 

EFFECTIVE DATE.  Subdivision 11 is effective the day following final enactment.

 

Sec. 3.  NATURAL RESOURCES

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$318,233,000

 

$318,624,000

 

Appropriations by Fund

 

 

2020

 

2021

General

94,866,000

95,220,000

Natural Resources

112,364,000

110,031,000

Game and Fish

110,382,000

112,746,000

Remediation

106,000

109,000

Permanent School

515,000

518,000

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

Subd. 2.  Land and Mineral Resources Management

 

6,324,000

 

6,406,000

 

Appropriations by Fund

 

 

2020

 

2021

General

1,825,000

1,846,000

Natural Resources

3,940,000

3,998,000

Game and Fish

344,000

344,000

Permanent School

215,000

218,000

 

(a) $319,000 the first year and $319,000 the second year are for environmental research relating to mine permitting, of which $200,000 each year is from the minerals management account and $119,000 each year is from the general fund.

 

(b) $3,032,000 the first year and $3,083,000 the second year are from the minerals management account in the natural resources fund for use as provided under Minnesota Statutes, section 93.2236, paragraph (c), for mineral resource management, projects to enhance future mineral income, and projects to promote new mineral-resource opportunities.

 

(c) $215,000 the first year and $218,000 the second year are from the state forest suspense account in the permanent school fund to secure maximum long-term economic return from the school trust lands consistent with fiduciary responsibilities and sound natural resources conservation and management principles.


Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5221

Subd. 3.  Ecological and Water Resources

 

39,543,000

 

40,032,000

 

Appropriations by Fund

 

 

2020

 

2021

General

18,718,000

18,922,000

Natural Resources

15,414,000

15,586,000

Game and Fish

5,411,000

5,524,000

 

(a) $5,493,000 the first year and $5,542,000 the second year are from the invasive species account in the natural resources fund and $3,206,000 the first year and $3,206,000 the second year are from the general fund for management, public awareness, assessment and monitoring research, and water access inspection to prevent the spread of invasive species; management of invasive plants in public waters; and management of terrestrial invasive species on state-administered lands.

 

(b) $500,000 the first year and $500,000 the second year are from the invasive species account in the natural resources fund for grants to lake associations to manage aquatic invasive plant species.

 

(c) $1,000,000 the first year and $1,000,000 the second year are from the invasive species research account in the natural resources fund for grants for the Minnesota Aquatic Invasive Species Research Center.

 

(d) $5,476,000 the first year and $5,556,000 the second year are from the water management account in the natural resources fund for only the purposes specified in Minnesota Statutes, section 103G.27, subdivision 2.

 

(e) $124,000 the first year and $124,000 the second year are for a grant to the Mississippi Headwaters Board for up to 50 percent of the cost of implementing the comprehensive plan for the upper Mississippi within areas under the board's jurisdiction.

 

(f) $10,000 the first year and $10,000 the second year are for payment to the Leech Lake Band of Chippewa Indians to implement the band's portion of the comprehensive plan for the upper Mississippi River.

 

(g) $264,000 the first year and $264,000 the second year are for grants for up to 50 percent of the cost of implementing the Red River mediation agreement.

 

(h) $2,259,000 the first year and $2,298,000 the second year are from the heritage enhancement account in the game and fish fund for only the purposes specified in Minnesota Statutes, section 297A.94, paragraph (h), clause (1).


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(i) $971,000 the first year and $985,000 the second year are from the nongame wildlife management account in the natural resources fund for nongame wildlife management.  Notwithstanding Minnesota Statutes, section 290.431, $100,000 the first year and $100,000 the second year may be used for nongame wildlife information, education, and promotion.

 

(j) Notwithstanding Minnesota Statutes, section 84.943, $13,000 the first year and $13,000 the second year from the critical habitat private sector matching account may be used to publicize the critical habitat license plate match program.

 

(k) $6,000,000 the first year and $6,000,000 the second year are for the following activities:

 

(1) financial reimbursement and technical support to soil and water conservation districts or other local units of government for groundwater-level monitoring;

 

(2) surface water monitoring and analysis, including installing monitoring gauges;

 

(3) groundwater analysis to assist with water-appropriation permitting decisions;

 

(4) permit application review incorporating surface water and groundwater technical analysis;

 

(5) precipitation data and analysis to improve irrigation use;

 

(6) information technology, including electronic permitting and integrated data systems; and

 

(7) compliance and monitoring.

 

(l) $410,000 the first year and $410,000 the second year are from the heritage enhancement account in the game and fish fund for grants to the Minnesota Aquatic Invasive Species Research Center at the University of Minnesota to prioritize, support, and develop research-based solutions that can reduce the effects of aquatic invasive species in Minnesota by preventing spread, controlling populations, and managing ecosystems and to advance knowledge to inspire actions by others.

 

(m) $50,000 the first year is for grants to local units of government for removing storm debris from Roberds Lake.  This is a onetime appropriation.


Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5223

Subd. 4.  Forest Management

 

51,968,000

 

52,603,000

 

Appropriations by Fund

 

 

2020

 

2021

General

34,451,000

34,800,000

Natural Resources

16,119,000

16,386,000

Game and Fish

1,398,000

1,417,000

 

(a) $7,521,000 the first year and $7,521,000 the second year are for prevention, presuppression, and suppression costs of emergency firefighting and other costs incurred under Minnesota Statutes, section 88.12.  The amount necessary to pay for presuppression and suppression costs during the biennium is appropriated from the general fund.  By January 15 of each year, the commissioner of natural resources must submit a report to the chairs and ranking minority members of the house and senate committees and divisions having jurisdiction over environment and natural resources finance that identifies all firefighting costs incurred and reimbursements received in the prior fiscal year.  These appropriations may not be transferred.  Any reimbursement of firefighting expenditures made to the commissioner from any source other than federal mobilizations must be deposited into the general fund.

 

(b) $15,119,000 the first year and $15,386,000 the second year are from the forest management investment account in the natural resources fund for only the purposes specified in Minnesota Statutes, section 89.039, subdivision 2.

 

(c) $1,398,000 the first year and $1,417,000 the second year are from the heritage enhancement account in the game and fish fund to advance ecological classification systems (ECS) scientific management tools for forest and invasive species management.

 

(d) $836,000 the first year and $847,000 the second year are for the Forest Resources Council to implement the Sustainable Forest Resources Act.

 

(e) $1,131,000 the first year and $1,131,000 the second year are for the Next Generation Core Forestry data system.

 

(f) $500,000 the first year and $500,000 the second year are from the forest management investment account in the natural resources fund for forest road maintenance on state forest roads.

 

(g) $500,000 the first year and $500,000 the second year are for forest road maintenance on county forest roads.


Journal of the House - 44th Day - Tuesday, April 30, 2019 - Top of Page 5224

(h) $500,000 the first year and $500,000 the second year are for grants to local units of government to develop community ash management plans; to identify and convert ash stands to more diverse, climate-adapted species; and to replace removed ash trees.

 

(i) $500,000 the first year and $500,000 the second year are from the forest management investment account in the natural resources fund to identify and convert ash forests on state lands to climate‑adapted species.

 

(j) $1,000,000 the first year and $1,000,000 the second year are for grants to remove and dispose of ash trees within counties quarantined for emerald ash borer.  The base for this appropriation in fiscal year 2022 and later is $655,000.

 

(k) Grants awarded under paragraphs (h) and (j) may cover up to 75 percent of eligible costs and may not exceed $500,000.  Matching grants provided through these appropriations are available to cities, counties, regional authorities, joint powers boards, towns, and parks and recreation boards in cities of the first class.  The commissioner, in consultation with the commissioner of agriculture, must establish appropriate criteria for determining funding priorities between submitted requests and to determine activities and expenses that qualify to meet local match requirements.  Money appropriated for grants under paragraphs (h) and (j) may be used to pay reasonable costs incurred by the commissioner of natural resources to administer paragraphs (h) and (j).

 

Subd. 5.  Parks and Trails Management

 

92,085,000

 

89,486,000

 

Appropriations by Fund

 

 

2020

 

2021

General

27,143,000

27,480,000

Natural Resources

62,650,000

59,706,000

Game and Fish

2,292,000

2,300,000

 

(a) $1,075,000 the first year and $1,075,000 the second year are from the water recreation account in the natural resources fund for enhancing public water-access facilities.

 

(b) $6,344,000 the first year and $6,435,000 the second year are from the natural resources fund for state trail, park, and recreation area operations.  This appropriation is from revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (h), clause (2).

 

(c) $18,552,000 the first year and $18,828,000 the second year are from the state parks account in the natural resources fund to operate and maintain state parks and state recreation areas.


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(d) $890,000 the first year and $890,000 the second year are from the natural resources fund for park and trail grants to local units of government on land to be maintained for at least 20 years for parks or trails.  This appropriation is from revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (h), clause (4).  Any unencumbered balance does not cancel at the end of the first year and is available for the second year.

 

(e) $9,624,000 the first year and $9,624,000 the second year are from the snowmobile trails and enforcement account in the natural resources fund for the snowmobile grants-in-aid program.  Any unencumbered balance does not cancel at the end of the first year and is available for the second year.

 

(f) $2,135,000 the first year and $2,135,000 the second year are from the natural resources fund for the off-highway vehicle grants‑in-aid program.  Of this amount, $1,660,000 each year is from the all-terrain vehicle account; $150,000 each year is from the off-highway motorcycle account; and $325,000 each year is from the off-road vehicle account.  Any unencumbered balance does not cancel at the end of the first year and is available for the second year.

 

(g) $116,000 the first year and $117,000 the second year are from the cross-country-ski account in the natural resources fund for grooming and maintaining cross-country-ski trails in state parks, trails, and recreation areas.

 

(h) $266,000 the first year and $269,000 the second year are from the state land and water conservation account in the natural resources fund for priorities established by the commissioner for eligible state projects and administrative and planning activities consistent with Minnesota Statutes, section 84.0264, and the federal Land and Water Conservation Fund Act.  Any unencumbered balance does not cancel at the end of the first year and is available for the second year.

 

(i) $250,000 the first year and $250,000 the second year are for matching grants for local parks and outdoor recreation areas under Minnesota Statutes, section 85.019, subdivision 2.

 

(j) $250,000 the first year and $250,000 the second year are for matching grants for local trail connections under Minnesota Statutes, section 85.019, subdivision 4c.

 

(k) $600,000 the first year is from the all-terrain vehicle account in the natural resources fund for grants to St. Louis County.  Of this amount, $100,000 is for a grant to St. Louis County for an environmental assessment worksheet for the overall construction of the Voyageur Country ATV Trail system and connections, and $500,000 is for a grant to St. Louis County to design, plan, permit,


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acquire right-of-way for, and construct Voyageur Country ATV Trail from Buyck to Holmes Logging Road and to Shuster Road toward Cook.  This is a onetime appropriation.

 

(l) $2,400,000 the first year is from the all-terrain vehicle account in the natural resources fund.  Of this amount, $1,300,000 is for a grant to Lake County to match other funding sources to develop the Prospector Loop Trail system and $1,100,000 is for acquisition, design, environmental review, permitting, and construction for all‑terrain vehicle use on the Taconite State Trail between Ely and Purvis Forest Management Road.

 

(m) $950,000 the first year and $950,000 the second year are from the all-terrain vehicle account in the natural resources fund for grants to St. Louis County for the Quad Cities ATV Club trail construction program for planning, design, environmental permitting, right-of-way acquisition, and construction of up to 24 miles of trail connecting the cities of Mountain Iron, Virginia, Eveleth, and Gilbert to the Laurentian Divide, County Road 303, the Taconite State Trail, and Biwabik and from Pfeiffer Lake Forest Road to County Road 361.  This is a onetime appropriation.

 

(n) $250,000 the first year and $250,000 the second year are for grants for natural-resource-based education and recreation programs under Minnesota Statutes, section 84.976.  This is a onetime appropriation.

 

(o) $50,000 the first year is from the state parks account in the natural resources fund for signs and other activities necessary to rename St. Croix State Park to Walter F. Mondale State Park.

 

(p) $260,000 the first year is from the state parks account in the natural resources fund for increased operations at Hill-Annex Mine State Park in fiscal years 2020 to 2023.  This is a onetime appropriation, is in addition to funds budgeted by or otherwise available to the commissioner for this park, and is available until June 30, 2023.

 

(q) $150,000 the first year is from the all-terrain vehicle account in the natural resources fund for a grant to Crow Wing County to plan and design a multipurpose bridge on the Mississippi River Northwoods Trail across Sand Creek located five miles northeast of Brainerd along the Mississippi River.

 

(r) $75,000 the first year is from the off-highway motorcycle account in the natural resources fund to complete a master plan for off-highway motorcycle trail planning and development.


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Subd. 6.  Fish and Wildlife Management

 

78,236,000

 

79,070,000

 

Appropriations by Fund

 

 

2020

 

2021

General

2,060,000

1,460,000

Natural Resources

1,954,000

1,982,000

Game and Fish

74,222,000

75,628,000

 

(a) $8,539,000 the first year and $8,658,000 the second year are from the heritage enhancement account in the game and fish fund only for activities specified under Minnesota Statutes, section 297A.94, paragraph (h), clause (1).  Notwithstanding Minnesota Statutes, section 297A.94, five percent of this appropriation may be used for expanding hunter and angler recruitment and retention.

 

(b) $2,060,000 the first year and $1,460,000 the second year are for planning for and emergency response to disease outbreaks in wildlife.  Of this amount, $50,000 the first year is to establish a chronic wasting disease adopt-a-dumpster program; $50,000 the first year is to develop guidelines for handling, transporting, processing, and disposing of deer carcasses as required in this act; and $500,000 the first year is for a grant to the Board of Regents of the University of Minnesota for the Chronic Wasting Disease Response, Research, and Policy Program.  The commissioner and board must each submit quarterly reports on the activities funded under this paragraph to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over environment and natural resources and agriculture.  Base funding for this activity is $1,100,000 in fiscal year 2022 and thereafter.

 

(c) $8,546,000 the first year and $8,546,000 the second year are from the deer management account for the purposes identified in Minnesota Statutes, section 97A.075, subdivision 1.

 

(d) $250,000 the first year and $250,000 the second year are from the game and fish fund for the walk-in access program under Minnesota Statutes, section 97A.126.

 

(e) Notwithstanding Minnesota Statutes, section 297A.94, $100,000 the first year and $100,000 the second year are from the heritage enhancement account in the game and fish fund for shooting sports facility grants under Minnesota Statutes, section 87A.10, including grants for archery facilities.  Grants must be matched with a nonstate match, which may include in-kind contributions.  This is a onetime appropriation.

 

(f) Notwithstanding Minnesota Statutes, section 297A.94, $10,000 the first year is from the heritage enhancement account in the game and fish fund for implementing nontoxic shot requirements under Minnesota Statutes, section 97B.673.


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Subd. 7.  Enforcement

 

46,210,000