Bill Text: MN SF548 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Free educational, instructional, and training courses regulation exemption
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-02-25 - Author added Reinert [SF548 Detail]
Download: Minnesota-2013-SF548-Introduced.html
1.2relating to higher education; exempting certain free courses from state regulation;
1.3amending Minnesota Statutes 2012, sections 136A.653, by adding a subdivision;
1.4141.35.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 136A.653, is amended by adding a
1.7subdivision to read:
1.8 Subd. 5. Free educational courses. A school providing exclusively free training or
1.9instructional programs or courses where no tuition, fees, or any other charges are required
1.10for a student to participate is exempt from sections 136A.61 to 136A.71.
1.11EFFECTIVE DATE.This section is effective the day following final enactment.
1.12 Sec. 2. Minnesota Statutes 2012, section 141.35, is amended to read:
1.13141.35 EXEMPTIONS.
1.14 Sections141.21 to
141.32 shall not apply to the following:
1.15 (1) public postsecondary institutions;
1.16 (2) postsecondary institutions registered under sections136A.61 to
136A.71 ;
1.17 (3) schools of nursing accredited by the state Board of Nursing or an equivalent
1.18public board of another state or foreign country;
1.19 (4) private schools complying with the requirements of section120A.22, subdivision
1.204 ;
1.21 (5) courses taught to students in a valid apprenticeship program taught by or
1.22required by a trade union;
2.1 (6) schools exclusively engaged in training physically or mentally disabled persons
2.2for the state of Minnesota;
2.3 (7) schools licensed by boards authorized under Minnesota law to issue licenses
2.4except schools required to obtain a private career school license due to the use of
2.5"academy," "institute," "college," or "university" in their names;
2.6 (8) schools and educational programs, or training programs, contracted for by
2.7persons, firms, corporations, government agencies, or associations, for the training of their
2.8own employees, for which no fee is charged the employee;
2.9 (9) schools engaged exclusively in the teaching of purely avocational, recreational,
2.10or remedial subjects as determined by the office except schools required to obtain a private
2.11career school license due to the use of "academy," "institute," "college," or "university" in
2.12their names unless the school used "academy" or "institute" in its name prior to August
2.131, 2008;
2.14 (10) classes, courses, or programs conducted by a bona fide trade, professional, or
2.15fraternal organization, solely for that organization's membership;
2.16 (11) programs in the fine arts provided by organizations exempt from taxation
2.17under section290.05 and registered with the attorney general under chapter 309. For
2.18the purposes of this clause, "fine arts" means activities resulting in artistic creation or
2.19artistic performance of works of the imagination which are engaged in for the primary
2.20purpose of creative expression rather than commercial sale or employment. In making
2.21this determination the office may seek the advice and recommendation of the Minnesota
2.22Board of the Arts;
2.23 (12) classes, courses, or programs intended to fulfill the continuing education
2.24requirements for licensure or certification in a profession, that have been approved by a
2.25legislatively or judicially established board or agency responsible for regulating the practice
2.26of the profession, and that are offered exclusively to an individual practicing the profession;
2.27 (13) classes, courses, or programs intended to prepare students to sit for
2.28undergraduate, graduate, postgraduate, or occupational licensing and occupational
2.29entrance examinations;
2.30 (14) classes, courses, or programs providing 16 or fewer clock hours of instruction
2.31that are not part of the curriculum for an occupation or entry level employment except
2.32schools required to obtain a private career school license due to the use of "academy,"
2.33"institute," "college," or "university" in their names;
2.34 (15) classes, courses, or programs providing instruction in personal development,
2.35modeling, or acting;
3.1 (16) training or instructional programs, in which one instructor teaches an individual
3.2student, that are not part of the curriculum for an occupation or are not intended to prepare
3.3a person for entry level employment;and
3.4 (17) schools with no physical presence in Minnesota, as determined by the office,
3.5engaged exclusively in offering distance instruction that are located in and regulated by
3.6other states or jurisdictions.; and
3.7 (18) schools providing exclusively free training or instructional programs or courses
3.8where no tuition, fees, or any other charges are required for a student to participate.
3.9EFFECTIVE DATE.This section is effective the day following final enactment.
1.3amending Minnesota Statutes 2012, sections 136A.653, by adding a subdivision;
1.4141.35.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 136A.653, is amended by adding a
1.7subdivision to read:
1.8 Subd. 5. Free educational courses. A school providing exclusively free training or
1.9instructional programs or courses where no tuition, fees, or any other charges are required
1.10for a student to participate is exempt from sections 136A.61 to 136A.71.
1.11EFFECTIVE DATE.This section is effective the day following final enactment.
1.12 Sec. 2. Minnesota Statutes 2012, section 141.35, is amended to read:
1.13141.35 EXEMPTIONS.
1.14 Sections
1.15 (1) public postsecondary institutions;
1.16 (2) postsecondary institutions registered under sections
1.17 (3) schools of nursing accredited by the state Board of Nursing or an equivalent
1.18public board of another state or foreign country;
1.19 (4) private schools complying with the requirements of section
1.204
1.21 (5) courses taught to students in a valid apprenticeship program taught by or
1.22required by a trade union;
2.1 (6) schools exclusively engaged in training physically or mentally disabled persons
2.2for the state of Minnesota;
2.3 (7) schools licensed by boards authorized under Minnesota law to issue licenses
2.4except schools required to obtain a private career school license due to the use of
2.5"academy," "institute," "college," or "university" in their names;
2.6 (8) schools and educational programs, or training programs, contracted for by
2.7persons, firms, corporations, government agencies, or associations, for the training of their
2.8own employees, for which no fee is charged the employee;
2.9 (9) schools engaged exclusively in the teaching of purely avocational, recreational,
2.10or remedial subjects as determined by the office except schools required to obtain a private
2.11career school license due to the use of "academy," "institute," "college," or "university" in
2.12their names unless the school used "academy" or "institute" in its name prior to August
2.131, 2008;
2.14 (10) classes, courses, or programs conducted by a bona fide trade, professional, or
2.15fraternal organization, solely for that organization's membership;
2.16 (11) programs in the fine arts provided by organizations exempt from taxation
2.17under section
2.18the purposes of this clause, "fine arts" means activities resulting in artistic creation or
2.19artistic performance of works of the imagination which are engaged in for the primary
2.20purpose of creative expression rather than commercial sale or employment. In making
2.21this determination the office may seek the advice and recommendation of the Minnesota
2.22Board of the Arts;
2.23 (12) classes, courses, or programs intended to fulfill the continuing education
2.24requirements for licensure or certification in a profession, that have been approved by a
2.25legislatively or judicially established board or agency responsible for regulating the practice
2.26of the profession, and that are offered exclusively to an individual practicing the profession;
2.27 (13) classes, courses, or programs intended to prepare students to sit for
2.28undergraduate, graduate, postgraduate, or occupational licensing and occupational
2.29entrance examinations;
2.30 (14) classes, courses, or programs providing 16 or fewer clock hours of instruction
2.31that are not part of the curriculum for an occupation or entry level employment except
2.32schools required to obtain a private career school license due to the use of "academy,"
2.33"institute," "college," or "university" in their names;
2.34 (15) classes, courses, or programs providing instruction in personal development,
2.35modeling, or acting;
3.1 (16) training or instructional programs, in which one instructor teaches an individual
3.2student, that are not part of the curriculum for an occupation or are not intended to prepare
3.3a person for entry level employment;
3.4 (17) schools with no physical presence in Minnesota, as determined by the office,
3.5engaged exclusively in offering distance instruction that are located in and regulated by
3.6other states or jurisdictions
3.7 (18) schools providing exclusively free training or instructional programs or courses
3.8where no tuition, fees, or any other charges are required for a student to participate.
3.9EFFECTIVE DATE.This section is effective the day following final enactment.
