JOURNAL OF THE HOUSE - 104th Day - Top of Page 8713

STATE OF MINNESOTA

Journal of the House

SEVENTY-NINTH SESSION - 1996

__________________

ONE HUNDRED-FOURTH DAY

Saint Paul, Minnesota, Friday, March 22, 1996

Index to today's Journal

On this day in 1864, the first baseball club in Minnesota was organized in St. Paul. A local newspaper said of the new sport, "This is good exercise and we advise the boys to be on hand."

The House of Representatives convened at 11:00 a.m. and was called to order by Irv Anderson, Speaker of the House.

Prayer was offered by Mark C. Christianson, Student at Luther Seminary, St. Paul, Minnesota.

The roll was called and the following members were present:

Abrams                Finseth               Knoblach              Olson, E.             Smith
Anderson, B.          Frerichs              Koppendrayer          Olson, M.             Solberg
Anderson, R.          Garcia                Kraus                 Onnen                 Stanek
Bakk                  Girard                Krinkie               Opatz                 Sviggum
Bertram               Goodno                Larsen                Orenstein             Swenson, D.
Bettermann            Greenfield            Leighton              Orfield               Swenson, H.
Bishop                Greiling              Leppik                Osskopp               Sykora
Boudreau              Gunther               Lieder                Osthoff               Tomassoni
Bradley               Haas                  Lindner               Ostrom                Tompkins
Broecker              Hackbarth             Long                  Otremba               Trimble
Brown                 Harder                Lourey                Ozment                Tuma
Carlson, L.           Hasskamp              Luther                Paulsen               Tunheim
Carlson, S.           Hausman               Lynch                 Pawlenty              Van Dellen
Carruthers            Holsten               Macklin               Pellow                Van Engen
Clark                 Huntley               Mahon                 Pelowski              Vickerman
Commers               Jaros                 Mares                 Perlt                 Wagenius
Cooper                Jefferson             Mariani               Peterson              Warkentin
Daggett               Jennings              Marko                 Pugh                  Weaver
Davids                Johnson, A.           McCollum              Rest                  Wejcman
Dawkins               Johnson, R.           McElroy               Rhodes                Wenzel
Dehler                Johnson, V.           McGuire               Rice                  Winter
Delmont               Kahn                  Milbert               Rostberg              Wolf
Dempsey               Kalis                 Molnau                Rukavina              Worke
Dorn                  Kelley                Mulder                Sarna                 Workman
Entenza               Kelso                 Munger                Schumacher            Sp.Anderson,I
Erhardt               Kinkel                Murphy                Seagren               
Farrell               Knight                Ness                  Skoglund              
A quorum was present.

Dauner was excused until 11:40 a.m.

The Chief Clerk proceeded to read the Journal of the preceding day. Peterson moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.

HOUSE ADVISORIES

The following House Advisory was introduced:

Van Engen, Davids, Kelso, Pelowski and Cooper introduced:

H. A. No. 30, A proposal for legislative hearings on the Minnesota Supreme Court's decision in Doe v. Gomez.

The advisory was referred to the Committee on Health and Human Services.


JOURNAL OF THE HOUSE - 104th Day - Top of Page 8714

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

H. F. No. 2298, A bill for an act relating to government efficiency; extending the effective period of certain exemptions granted by the board of government innovation and cooperation; granting independent school district No. 2134, United South Central, a waiver from a law related to elections; amending Minnesota Statutes 1995 Supplement, section 465.797, subdivision 5.

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

H. F. No. 2818, A bill for an act relating to human services; changing provisions relating to certain public assistance programs; providing changes to long-term care; adding provisions to health care and health plan regulations; adding provisions for dental services, senior nutrition programs, and kinship caregiver support programs; authorizing studies and reports; appropriating money; amending Minnesota Statutes 1994, sections 62D.04, subdivision 5; 62N.10, subdivision 4; 62Q.075, subdivision 2; 144.0722, by adding a subdivision; 144.551, subdivision 1; 144.71, subdivisions 1 and 2; 144.72, subdivisions 1 and 2; 144.73, subdivision 1; 144.74; 144A.04, by adding a subdivision; 145.61, subdivision 5; 148.235, by adding a subdivision; 148C.01, by adding a subdivision; 148C.09, by adding a subdivision; 157.20, by adding a subdivision; 245.462, subdivision 4; 245.4871, subdivision 4; 245.94, subdivisions 2a and 3; 245.95, subdivision 2; 245.97, subdivision 6; 246.57, by adding a subdivision; 253B.11, subdivision 2; 256.482, by adding a subdivision; 256.73, subdivision 1, and by adding a subdivision; 256B.03, by adding a subdivision; 256B.056, subdivisions 1 and 1a; 256B.058, subdivision 2; 256B.0627, subdivisions 1, as amended, 4, as amended, 5, as amended, and by adding a subdivision; 256B.0913, subdivision 7, and by adding subdivisions; 256B.0915, subdivision 1b, and by adding subdivisions; 256B.15, by adding subdivisions; 256B.35, subdivision 1; 256B.37, subdivision 5; 256B.49, by adding a subdivision; 256B.501, by adding subdivisions; 256B.69, by adding a subdivision; 256D.16; 256I.04, subdivision 1; 256I.05, subdivision 1c, and by adding a subdivision; and 327.14, subdivision 8; Minnesota Statutes 1995 Supplement, sections 62Q.19, subdivisions 1 and 5; 62R.17; 144.122; 144.9503, subdivisions 6, 8, and 9; 144.9504, subdivisions 2, 7, and 8; 144.9505, subdivision 4; 144A.071, subdivision 3; 148C.01, subdivisions 12 and 13; 148C.02, subdivisions 1 and 2; 148C.03, subdivision 1; 148C.04, subdivisions 3, 4, and by adding a subdivision; 148C.05, subdivision 1; 148C.06; 148C.11, subdivisions 1 and 3; 157.011, subdivision 1; 157.15, subdivisions 4, 5, 6, 9, 12, 13, and 14, and by adding subdivisions; 157.16; 157.17, subdivision 2; 157.20, subdivision 1; 157.21; 252.27, subdivision 2a; 256.045, subdivision 3; 256.969, subdivisions 1, 2b, and 10; 256B.0575; 256B.0625, subdivisions 17, 19a, and 30; 256B.0628, subdivision 2; 256B.0913, subdivisions 5 and 15a; 256B.0915, subdivisions 3 and 3a; 256B.093, subdivision 3; 256B.15, subdivision 5; 256B.431, subdivision 25; 256B.432, subdivision 2; 256B.434, subdivision 10; 256B.49, subdivisions 6 and 7; 256B.501, subdivisions 5b and 5c; 256B.69, subdivisions 3a, 4, 5b, 6, and 21; 256D.02, subdivision 12a; 256D.03, subdivision 4; and 256I.04, subdivisions 2b and 3; Laws 1995, chapter 207, articles 1, section 2, subdivision 4; and 8, section 42, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 62J; 144; 145; 157; 252; 256; 256B; and 256E; proposing coding for new law as Minnesota Statutes, chapter 252B; repealing Minnesota Statutes 1994, sections 144.691, subdivision 4; 146.14; 146.20; Minnesota Statutes 1995 Supplement, sections 157.03; 157.15, subdivision 2; 157.18; 157.19; and 256B.69, subdivision 4a; Minnesota Rules, part 9505.5230.

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate


JOURNAL OF THE HOUSE - 104th Day - Top of Page 8715

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:

H. F. No. 2127, A bill for an act relating to human services; changing provisions related to deaf and hard-of-hearing services division; amending Minnesota Statutes 1994, sections 256C.22; 256C.23; 256C.24, as amended; 256C.25, subdivision 1; 256C.26; and 256C.28, as amended; proposing coding for new law in Minnesota Statutes, chapter 256C; repealing Minnesota Statutes 1994, section 256C.27.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Lynch moved that the House concur in the Senate amendments to H. F. No. 2127 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 2127, A bill for an act relating to human services; amending Minnesota Statutes 1994, sections 256C.23; 256C.24, as amended; 256C.25, subdivision 1; 256C.26; and 256C.28, as amended; proposing coding for new law in Minnesota Statutes, chapter 256C; repealing Minnesota Statutes 1994, sections 256C.22; and 256C.27.

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

The question was taken on the repassage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams                Finseth               Knoblach              Ness                  Skoglund
Anderson, B.          Frerichs              Koppendrayer          Olson, E.             Smith
Anderson, R.          Garcia                Kraus                 Olson, M.             Solberg
Bakk                  Girard                Krinkie               Onnen                 Stanek
Bertram               Goodno                Larsen                Opatz                 Sviggum
Bettermann            Greenfield            Leighton              Orenstein             Swenson, D.
Bishop                Greiling              Leppik                Orfield               Swenson, H.
Boudreau              Gunther               Lieder                Osskopp               Sykora
Bradley               Haas                  Lindner               Osthoff               Tomassoni
Broecker              Hackbarth             Long                  Ostrom                Tompkins
Carlson, L.           Harder                Lourey                Otremba               Trimble
Carlson, S.           Hasskamp              Luther                Ozment                Tuma
Carruthers            Hausman               Lynch                 Paulsen               Tunheim
Clark                 Holsten               Macklin               Pawlenty              Van Dellen
Commers               Huntley               Mahon                 Pellow                Van Engen
Cooper                Jaros                 Mares                 Pelowski              Vickerman
Daggett               Jefferson             Mariani               Perlt                 Wagenius
Davids                Jennings              Marko                 Peterson              Warkentin
Dawkins               Johnson, A.           McCollum              Pugh                  Weaver
Dehler                Johnson, V.           McElroy               Rest                  Wejcman
Delmont               Kahn                  McGuire               Rhodes                Wenzel
Dempsey               Kalis                 Milbert               Rostberg              Wolf
Dorn                  Kelley                Molnau                Rukavina              Worke
Entenza               Kelso                 Mulder                Sarna                 Workman
Erhardt               Kinkel                Munger                Schumacher            Sp.Anderson,I
Farrell               Knight                Murphy                Seagren               

The bill was repassed, as amended by the Senate, and its title agreed to.

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:

H. F. No. 220, A bill for an act relating to elections; requiring certain special primaries and elections to be conducted by mail; amending Minnesota Statutes 1994, sections 204D.19, subdivisions 2 and 3; 204D.20, subdivision 1; 204D.21, subdivisions 2 and 3; 204D.22, subdivision 3; and 204D.23, subdivision 2.

Patrick E. Flahaven, Secretary of the Senate


JOURNAL OF THE HOUSE - 104th Day - Top of Page 8716

CONCURRENCE AND REPASSAGE

Greiling moved that the House concur in the Senate amendments to H. F. No. 220 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 220, A bill for an act relating to elections; requiring certain special primaries and elections to be conducted by mail; amending Minnesota Statutes 1994, sections 204D.19, subdivisions 2 and 3; 204D.20, subdivision 1; 204D.21, subdivisions 2 and 3; 204D.22, subdivision 3; and 204D.23, subdivision 2.

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

The question was taken on the repassage of the bill and the roll was called. There were 65 yeas and 67 nays as follows:

Those who voted in the affirmative were:

Anderson, R.          Greenfield            Leighton              Opatz                 Skoglund
Bakk                  Greiling              Lieder                Orenstein             Solberg
Bertram               Hasskamp              Long                  Orfield               Tomassoni
Brown                 Hausman               Lourey                Osthoff               Trimble
Carlson, L.           Huntley               Luther                Ostrom                Tunheim
Clark                 Jaros                 Mahon                 Pelowski              Wagenius
Cooper                Jefferson             Mariani               Perlt                 Wejcman
Dauner                Johnson, A.           Marko                 Peterson              Wenzel
Dawkins               Johnson, R.           McCollum              Pugh                  Sp.Anderson,I
Delmont               Kahn                  McGuire               Rest                  
Dorn                  Kalis                 Milbert               Rice                  
Entenza               Kelley                Munger                Rukavina              
Farrell               Kelso                 Murphy                Sarna                 
Garcia                Kinkel                Olson, E.             Schumacher            
Those who voted in the negative were:

Abrams                Erhardt               Kraus                 Osskopp               Sykora
Anderson, B.          Finseth               Krinkie               Otremba               Tompkins
Bettermann            Frerichs              Larsen                Ozment                Tuma
Bishop                Girard                Leppik                Paulsen               Van Dellen
Boudreau              Goodno                Lindner               Pawlenty              Van Engen
Bradley               Gunther               Lynch                 Pellow                Vickerman
Broecker              Haas                  Macklin               Rhodes                Warkentin
Carlson, S.           Hackbarth             Mares                 Rostberg              Weaver
Carruthers            Harder                McElroy               Seagren               Wolf
Commers               Holsten               Molnau                Smith                 Worke
Daggett               Johnson, V.           Mulder                Stanek                Workman 
Davids                Knight                Ness                  Sviggum               
Dehler                Knoblach              Olson, M.             Swenson, D.           
Dempsey               Koppendrayer          Onnen                 Swenson, H.           
The bill not was repassed, as amended by the Senate.

Carruthers 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.


JOURNAL OF THE HOUSE - 104th Day - Top of Page 8717

MESSAGES FROM THE SENATE, Continued

The following messages were received from the Senate:

Mr. Speaker:

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

S. F. No. 2104, A bill for an act relating to the environment; modifying requirements relating to toxics in products; amending Minnesota Statutes 1994, section 115A.9651, as amended.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:

H. F. No. 2493, A bill for an act relating to retirement; modifying provisions of various local pension plans; making miscellaneous benefit and administrative changes; amending Minnesota Statutes 1994, sections 353B.11, subdivisions 1 and 3; and 353B.13; Laws 1965, chapter 519, section 1, as amended; Laws 1992, chapter 563, section 5; Laws 1994, chapter 490, section 2; and Laws 1995, chapter 262, article 7, section 1.

Patrick E. Flahaven, Secretary of the Senate

Kahn moved that the House refuse to concur in the Senate amendments to H. F. No. 2493, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

CALL OF THE HOUSE

On the motion of Carruthers and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:

Abrams                Farrell               Kinkel                Murphy                Skoglund
Anderson, B.          Finseth               Knight                Ness                  Smith
Bakk                  Frerichs              Knoblach              Olson, E.             Solberg
Bertram               Garcia                Koppendrayer          Olson, M.             Stanek
Bettermann            Girard                Kraus                 Onnen                 Sviggum
Bishop                Goodno                Krinkie               Opatz                 Swenson, D.
Boudreau              Greenfield            Larsen                Orenstein             Swenson, H.
Bradley               Greiling              Leighton              Orfield               Sykora
Broecker              Gunther               Leppik                Osskopp               Tomassoni
Brown                 Haas                  Lieder                Osthoff               Tompkins
Carlson, L.           Hackbarth             Lindner               Ostrom                Tuma
Carlson, S.           Harder                Long                  Otremba               Tunheim
Carruthers            Hasskamp              Luther                Ozment                Van Dellen
Clark                 Hausman               Lynch                 Paulsen               Van Engen
Commers               Holsten               Macklin               Pellow                Vickerman
Cooper                Huntley               Mahon                 Pelowski              Wagenius
Daggett               Jaros                 Mares                 Perlt                 Warkentin
Dauner                Jefferson             Mariani               Peterson              Weaver
Davids                Jennings              Marko                 Pugh                  Wejcman
Dawkins               Johnson, A.           McCollum              Rest                  Wenzel
Dehler                Johnson, R.           McElroy               Rhodes                Winter
Delmont               Johnson, V.           McGuire               Rostberg              Wolf
Dempsey               Kahn                  Milbert               Rukavina              Worke
Dorn                  Kalis                 Molnau                Sarna                 Workman
Entenza               Kelley                Mulder                Schumacher            Sp.Anderson,I
Erhardt               Kelso                 Munger                Seagren               
Carruthers moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.


JOURNAL OF THE HOUSE - 104th Day - Top of Page 8718

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

Carruthers from the Committee on Rules and Legislative Administration made the following report and moved its adoption:

Censure Resolution

Be It Resolved, by the House of Representatives of the State of Minnesota:

(1) That the Committee on Ethics having found probable cause, and the parties having waived further investigation by the committee and having consented to dispositional action without a public hearing to make a final determination whether evidence is sufficient to support disciplinary action.

(2) That Representative Bertram be censured by the Minnesota House of Representatives in open session.

(3) That Representative Bertram publicly admit on the House floor in open session and cause to be printed in the House Journal, the following acts of misconduct as contained in the Finding of Probable Cause:

(a) That on October 15, 1994, Representative Bertram pressured Kevin Pierskalla, a salesperson at KASM radio, into giving Representative Bertram a $100 campaign contribution by threatening to give his future business at KASM to a different salesperson.

(b) That Representative Bertram made false statements about Greg and Kathy Peterson's marital status on KSTP television.

(c) That on September 26, 1995, Representative Bertram pressured Charles Koshiol and Michelle Hoffenkamp to consider dropping shoplifting charges filed against his brother, Joe Bertram.

(d) That Representative Bertram stated and repeated false information regarding Dave Easterday's reputation.

(e) That Representative Bertram repeated false information regarding Michelle Hoffenkamp's reputation.

(f) That Representative Bertram engaged in other acts of intimidation, threats, and harassment as presented to the committee which violated the standards of conduct expected of members of the House of Representatives.

(4) That Representative Bertram specifically apologize on the House floor to each of the individual victims of his misconduct including the following:

(a) Michelle Hoffenkamp

(b) William Drager

(c) Charles Koshiol

(d) Greg and Kathy Peterson

(e) David Easterday

(f) Kim Krueger

(g) Kevin Pierskalla

(h) Steve Gretsch

(i) Barbara Gretsch

(j) James Read.


JOURNAL OF THE HOUSE - 104th Day - Top of Page 8719

(5) That Representative Bertram apologize on the House floor in open session to his constituents and the Minnesota House of Representatives for his acts of misconduct.

(6) That Representative Bertram agree to undergo a psychological evaluation by a psychologist for anger and participate in any treatment, if recommended as a result of the evaluation, and report to the Speaker and the chairman and vice chairman of the Ethics Committee the results of the evaluation.

(7) That Representative Bertram must resign from all House committee chair or vice chair positions and memberships on legislative commissions.

A roll call was requested and properly seconded.

MINORITY REPORT OF THE HOUSE COMMITTEE ON

RULES AND LEGISLATIVE ADMINISTRATION

We, the undersigned, being a minority of the Committee on Rules and Legislative Adminstration; and having reviewed the findings and recommendations of the Ethics Committee regarding Representative Jeff Bertram, make the following recommendations and conclusions: delete the report of the Committee on Rules and Legislative Administration and insert the following:

Pursuant to the Minnesota Constitution, Article IV, Section 7, the Minnesota House of Representatives hereby expels Representative Jeff Bertram for a pattern of conduct that includes, but is not limited to:

1. On October 15, 1994, Representative Bertram coerced Kevin Pierskalla, a salesperson at KASM radio, into giving Representative Bertram a $100 campaign contribution by threatening to give his future business at KASM to a different salesperson.

2. Representative Bertram made false statements about Greg and Kathy Peterson's marital status on KSTP television.

3. On September 26, 1995, Representative Bertram pressured Charles Koshiol and Michelle Hoffenkamp to consider dropping shoplifting charges filed against his brother, Joe Bertram.

4. Representative Bertram started and repeated false information regarding Dave Easterday's reputation.

5. Representative Bertram repeated false information regarding Michelle Hoffenkamp's reputation.

6. Representative Bertram engaged in other acts of intimidation, threats, and harassment as presented to the committee which violated the Code of Conduct of the House of Representatives.

7. On December 10, 1993, Representative Bertram gave a campaign contribution refund receipt in the amount of $100 to Dana Aitchison despite the fact that Ms. Aitchison never gave Representative Bertram a contribution. In exchange, Representative Bertram asked Ms. Aitchison to provide $100 worth of haircuts to him and his family.

The above listed pattern of conduct displayed by Representative Jeff Bertram is in direct violation of the adopted Minnesota House of Representatives Code of Conduct which, among other things, provides that a State Representative shall: Accept public office as a public trust and shall endeavor to be worthy of that trust . . . by observing the letter and spirit of laws and rules; Treat everyone with respect, fairness, and courtesy; and, Use the power and facilities of office only to advance the common good. It is based upon this information that we seek the expulsion of Representative Jeff Bertram.

Signed:

Steve Sviggum Charles Weaver

Ron Abrams Teresa Lynch

Hilda Bettermann Tim Pawlenty

LeRoy Koppendrayer


JOURNAL OF THE HOUSE - 104th Day - Top of Page 8720

Sviggum moved that the Minority Report by substituted for the Majority Report and that the Minority Report be now adopted.

A roll call was requested and properly seconded.

The question was taken on the adoption of the Minority Report from the Committee on Rules and Legislative Administration relating to the Bertram matter and the roll was called. There were 68 yeas and 65 nays as follows:

Those who voted in the affirmative were:

Abrams                Finseth               Koppendrayer          Olson, M.             Swenson, H.
Anderson, B.          Frerichs              Kraus                 Onnen                 Sykora
Bettermann            Garcia                Krinkie               Osskopp               Tompkins
Bishop                Girard                Larsen                Ozment                Tuma
Boudreau              Goodno                Leppik                Paulsen               Van Dellen
Bradley               Greiling              Lindner               Pawlenty              Van Engen
Broecker              Gunther               Lynch                 Pellow                Vickerman
Carlson, S.           Haas                  Macklin               Rhodes                Warkentin
Commers               Hackbarth             Mares                 Rostberg              Weaver
Daggett               Harder                McCollum              Seagren               Wolf
Davids                Holsten               McElroy               Smith                 Worke
Dehler                Johnson, V.           Molnau                Stanek                Workman 
Dempsey               Knight                Mulder                Sviggum               
Erhardt               Knoblach              Ness                  Swenson, D.           
Those who voted in the negative were:

Anderson, R.          Hasskamp              Lieder                Orfield               Solberg
Bakk                  Hausman               Long                  Osthoff               Tomassoni
Brown                 Huntley               Lourey                Ostrom                Trimble
Carlson, L.           Jaros                 Luther                Otremba               Tunheim
Carruthers            Jefferson             Mahon                 Pelowski              Wagenius
Clark                 Jennings              Mariani               Perlt                 Wejcman
Cooper                Johnson, A.           Marko                 Peterson              Wenzel
Dauner                Johnson, R.           McGuire               Pugh                  Winter
Dawkins               Kahn                  Milbert               Rest                  Sp.Anderson,I
Delmont               Kalis                 Munger                Rice                  
Dorn                  Kelley                Murphy                Rukavina              
Entenza               Kelso                 Olson, E.             Sarna                 
Farrell               Kinkel                Opatz                 Schumacher            
Greenfield            Leighton              Orenstein             Skoglund              

The motion did not prevail.

The question recurred on the adoption of the Majority Report from the Committee on Rules and Legislative Administration relating to the Bertram matter.

Kelley and Rest moved to amend the Majority Report from the Committee on Rules and Legislative Administration relating to the Bertram matter, as follows:

Page 2, line 22, after the period insert "This provision does not require release of the records of examination or treatment or a formal report."

The motion prevailed and the amendment was adopted.

The question recurred on the adoption of the Majority Report from the Committee on Rules and Legislative Administration, as amended, relating to the Bertram matter and the roll was called.

Carruthers moved that those not voting be excused from voting. The motion prevailed.

There were 84 yeas and 21 nays as follows:

Those who voted in the affirmative were:

Anderson, R.          Goodno                Knoblach              Ness                  Sarna
Bakk                  Greenfield            Larsen                Olson, E.             Schumacher
Bishop                Greiling              Leighton              Opatz                 Skoglund
Brown                 Hasskamp              Leppik                Orenstein             Smith

JOURNAL OF THE HOUSE - 104th Day - Top of Page 8721
Carlson, L. Hausman Lieder Orfield Solberg Carruthers Holsten Long Osthoff Swenson, D. Clark Huntley Lourey Ostrom Swenson, H. Cooper Jaros Luther Otremba Tomassoni Dauner Jefferson Mahon Ozment Trimble Dawkins Jennings Mares Pelowski Tunheim Delmont Johnson, A. Mariani Perlt Vickerman Dorn Johnson, R. Marko Peterson Wagenius Entenza Kahn McCollum Pugh Wejcman Farrell Kalis McGuire Rest Wenzel Finseth Kelley Milbert Rhodes Winter Garcia Kelso Munger Rice Sp.Anderson,I Girard Kinkel Murphy Rukavina
Those who voted in the negative were:

Abrams                Erhardt               Krinkie               Pawlenty              Weaver 
Bettermann            Frerichs              Lynch                 Pellow                
Commers               Gunther               Macklin               Sviggum               
Davids                Johnson, V.           McElroy               Van Engen             
Dempsey               Koppendrayer          Paulsen               Warkentin             
The motion prevailed and the Majority Report from the Committee on Rules and Legislative Administration, as amended, relating to the Bertram matter, was adopted.

PUBLIC APOLOGY OF REPRESENTATIVE BERTRAM

The following remarks were delivered on the House floor by Representative Bertram:

Mr. Speaker and members:

Last month, a complaint was filed against me with the House Ethics Committee alleging conduct that is improper for a member of the House of Representatives.

I agree that I have not always acted in accordance with the behavior expected of a member of the House of Representatives. My conduct at times has not been appropriate for a public official. I apologize for any dishonor that I have brought to my colleagues and to this institution.

Legislators should always treat everyone with respect, fairness and courtesy. I have not always done that. At times, I have said things to people and about people that I now regret.

Consequently, I apologize to the following individuals for my inappropriate remarks and other misconduct: Bill Drager, Dave Easterday, Steve and Barb Gretsch, Michelle Hoffenkamp, Chuck Koshiol, Kim Krueger, Greg and Kathy Peterson, Kevin Pierskalla, and Jim Read.

As directed by the resolution that was adopted here today, I agree that I

- repeated false statements about Michelle Hoffenkamp, Dave Easterday, and Greg and Kathy Peterson.

- pressured Chuck Koshiol and Michelle Hoffenkamp to consider dropping criminal charges against my brother.

- in addition, I understand that Kevin Pierskella felt pressured and threatened by me. I believe I did nothing to violate a campaign or elections statute. However, I acknowledge that my behavior was inappropriate in this instance.

I've said many times before that a great honor in my life is that the citizens of my district have sent me here five times. So it's most important to me to apologize to the citizens who I represent in District 14B. To anyone who has been offended by my actions or remarks, I am very sorry.

I have learned how to be a better person from other recent events in my personal life, and I have also learned from this experience. You can be assured that at all times, I will conduct myself in a forthright and honorable way. For what remains of this legislative session, I will continue to work for my constituents in District 14B.


JOURNAL OF THE HOUSE - 104th Day - Top of Page 8722

CALL OF THE HOUSE LIFTED

Kinkel moved that the call of the House be suspended. The motion prevailed and it was so ordered.

McCollum was excused for the remainder of today's session.

MOTION TO FIX TIME TO RECONVENE

Carruthers moved that when the House adjourns today it adjourn until 10:00 a.m., Monday, March 25, 1996. The motion prevailed.

MESSAGES FROM THE SENATE, Continued

The following message was received from the Senate:

Mr. Speaker:

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

S. F. No. 2849.

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.

Patrick E. Flahaven, Secretary of the Senate

CONFERENCE COMMITTEE REPORT ON S. F. NO. 2849

A bill for an act relating to education; appropriating money for education and related purposes to the higher education services office, the board of trustees of the Minnesota state colleges and universities, and the board of regents of the University of Minnesota; amending Laws 1994, chapter 643, section 69, subdivision 1.

March 20, 1996

The Honorable Allan H. Spear

President of the Senate

The Honorable Irv Anderson

Speaker of the House of Representatives

We, the undersigned conferees for S. F. No. 2849, report that we have agreed upon the items in dispute and recommend as follows:

That the House recede from its amendment and that S. F. No. 2849 be further amended as follows:

Delete everything after the enacting clause and insert:

"Section 1. [HIGHER EDUCATION APPROPRIATIONS.]

The sums in the columns headed "APPROPRIATIONS" are appropriated from the general fund, or another named fund, to the agencies and for the purposes specified to be available for the fiscal years indicated for each purpose.


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SUMMARY BY FUND

1996 1997 TOTAL

General $ -0- $ 16,000,000 $ 16,000,000

SUMMARY BY AGENCY - ALL FUNDS

1996 1997 TOTAL

Higher Education Services Office -0- 1,700,000 1,700,000

Board of Trustees of the Minnesota

State Colleges and Universities -0- 5,300,000 5,300,000

Board of Regents of the University

of Minnesota -0- 9,000,000 9,000,000

APPROPRIATIONS

Available for the Year

Ending June 30

1996 1997

Sec. 2. HIGHER EDUCATION SERVICES OFFICE $ -0-$ 1,700,000

The amounts that may be spent from this appropriation for each purpose are as follows:

(a) State Grants

-0- 1,500,000

This appropriation contains money to set the living and miscellaneous expense at $4,255 in the second year.

By October 1, 1996, the higher education services office shall transfer any projected surplus in the state grant appropriation to the state work study program to be added to the fiscal year 1997 appropriation in Laws 1995, chapter 212, article 1, section 2, subdivision 4.

(b) Statewide On-line Library Information System Planning

-0- 150,000

The higher education services office shall manage and coordinate a process to develop a statewide, on-line information system for libraries, and determine the benefits and functional requirements of automated, statewide linkages. The process, reports, plans, and requests for proposals shall be subject to the review and recommendation of the library planning task force. The higher education services office shall coordinate with the University of Minnesota, the Minnesota state colleges and universities, the Minnesota education telecommunications council, the government information access council, the MINITEX advisory committee, the advisory council of the office of library development and services in the department of children, families, and learning, and the information policy office in the department of administration.


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The statewide, on-line information system must meet the following criteria:

(1) be open to all University of Minnesota, Minnesota state colleges and universities, state government, public, school, and private college libraries;

(2) have a formal governing structure that includes the University of Minnesota, Minnesota state colleges and universities, and representatives of participating state government, public, school, private college, and other libraries;

(3) provide for the broadest possible sharing of information and cooperative collection management;

(4) provide the people of Minnesota with direct access to library catalogs and information resources;

(5) allow libraries to retain local options for determining when to begin participating in the statewide systems and for maintaining circulation policies and practices; and

(6) have a plan for evaluation of costs, access, and outcomes.

By January 15, 1997, the higher education services office shall recommend to the chairs of the higher education committees of the legislature a plan for creating a statewide, on-line information system. The plan, subject to the prior review and recommendation by the library planning task force, shall include a proposed implementation timeline, technical standards, a draft request for proposal, a governance structure, and a budget.

The higher education services office shall develop the final request for proposal, subject to the prior review and recommendation by the library planning task force, for a statewide, on-line information system no later than June 30, 1997.

Money appropriated under this paragraph may not be used for the office's indirect or operating costs.

(c) Loan Repayment Assistance

-0- 50,000

This appropriation is for the loan repayment assistance program of Minnesota to reimburse graduates of Minnesota law schools working in Minnesota communities who are eligible under the criteria for loan repayment assistance for institutional law school debt. The eligibility criteria must include the following: (1) recipient's annual household income is $30,000 or less; and (2) recipients are providing legal services full time for economically disadvantaged persons for a nonprofit agency as defined by sections 501(c)(3), 501(c)(4), or 501(c)(5) of the Internal Revenue Code of 1986, or Native American tribal governments. The money may be released to the program only in amounts that match contributions from the private sector.


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Sec. 3. BOARD OF TRUSTEES OF THE MINNESOTA STATE

COLLEGES AND UNIVERSITIES -0- 4,900,000

The amounts that may be spent from this appropriation for each purpose are as follows:

(a) Applied Research Center

-0- 50,000

This appropriation is for Bemidji State University to establish an applied research, design, and development center. The center will contract with Minnesota businesses and industries to conduct applied research. This appropriation is nonrecurring.

(b) Instructional Technology Grants

-0- 4,525,000

This appropriation is to develop an electronic delivery system by awarding competitive grants to campuses or campus faculty for acquisition, improvement, and innovative applications of technology. Up to $300,000 of this appropriation may be spent for central office administrative costs. The grants must be awarded for proposals that are student centered and directly affect classroom instruction, advising, and other services that enhance student success. Priority shall be placed on grant projects for instructional technology. Grants may be for any amount up to $250,000 and shall be awarded through a process developed by the board. The board shall set up a review panel to judge the proposals. The panel shall include faculty, administration, students, and at least one member of the Minnesota high technology council.

The legislature expects that the system office will complete at least the following tasks in the development of the electronic delivery system: (1) request proposals from campuses and award grants; (2) identify systemwide network defects; and (3) promote public/private ventures. The system shall report the results of use of this appropriation in the 1997-1999 biennial budget document.

(c) Regional Farm Business Management Programs

-0- 150,000

This appropriation is to update electronic capability for the instructors in farm business management programs. Each of the six regional farm business management programs shall receive $25,000 of this appropriation.

(d) Work Skills Upgrade Program

-0- 175,000

The chancellor of the Minnesota state colleges and universities shall designate at least one technical college or consolidated community-technical college to be a demonstration site for a work


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skills upgrade program. The program shall offer learning experiences that have broad application for Minnesotans wishing to improve their employability or otherwise keep current in skills necessary to succeed in the changing economy. The program shall be offered at low cost to the student. The chancellor shall report to the education committees of the legislature, in the biennial budget document, on the progress of the demonstration program and potential for expanding the program to other campuses.

The chancellor shall establish an advisory group which includes the commissioner of economic security or the commissioner's designee; the commissioner of children, families, and learning or the commissioner's designee; a representative of labor; a representative of business; a faculty member; and a student.

The advisory group shall:

(1) identify the outcomes of each learning experience offered under the program;

(2) establish methods to document that students have achieved the outcomes identified for each learning experience;

(3) identify and seek nonstate money to supplement the appropriation; and

(4) identify mechanisms whereby students and employers who benefit from the program are required to repay some portion of the benefit.

"Learning experience" means a short course offered at an on- or off-campus site or through distance education; computer-based instruction; videocassettes; and other alternative instructional technologies.

(e) Metro State University Planning

By February 15, 1997, the system office and campuses of the Minnesota state colleges and universities shall submit to the legislature a master academic plan for the metropolitan area that defines the current and future missions and plans of the metro area colleges and universities. Within the fiscal realities of the state, the plan must consider short- and long-term demographic and enrollment projections, physical plant capacity and needs, and coordination and duplication of program offerings. The system office shall consult with the University of Minnesota during the planning process. The plan must be submitted to the board of trustees for approval before submission for legislative approval.

Sec. 4. BOARD OF REGENTS OF THE UNIVERSITY OF MINNESOTA -0- 8,600,000

The amounts that may be spent from this appropriation for each purpose are as follows:

(a) Academic Health Center

(1) Information Technology

-0- 2,000,000


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This appropriation is for a data and video network and equipment to connect academic health center faculty and students on the St. Paul, Duluth, and Minneapolis campuses and at community-based sites.

(2) Restructuring

-0- 6,600,000

This appropriation is for the academic health center for the development and purchase of new information technology to improve the delivery of health care education programs and to redesign the curriculum and underwrite the development of new or expanded programs in health care education. Where necessary, this money may also be used to cover the costs of downsizing programs and retraining faculty and staff, but may not be used to finance the integration of the University hospital with Fairview Health Systems. The legislature requests the faculty, administration, and board of regents of the University to pursue an internal process leading to changes in the tenure code applicable to the academic health center, without infringing on academic freedom.

The commissioner of finance shall place this appropriation in a performance incentive account.

The commissioner shall release 90 percent of this money to the board of regents when the board of regents certifies that changes have been made in the personnel policies for clinical faculty with regular appointments in the academic health center which enable the University to alter clinical compensation and base salary, and provide a streamlined due process procedure for separation under the provost of the academic health center, without infringing on academic freedom.

The commissioner shall release ten percent of this money when the University demonstrates that it is progressing in its development of the school of medicine at the University of Minnesota Duluth as a rural health center. This progress shall be measured by (1) changes in the educational program to expand the coordination of training for rural nurse practitioner, pharmacy, physician assistant, and medical students; and (2) development of electronic linkages between distant sites to provide video conferences, transmission of images, and transfer of information.

Sec. 5. BOARD OF TRUSTEES OF THE MINNESOTA STATE

COLLEGES AND UNIVERSITIES AND THE BOARD OF REGENTS

OF THE UNIVERSITY OF MINNESOTA -0- 800,000

$400,000 of this appropriation is to the board of trustees of the Minnesota state colleges and universities and $400,000 is to the board of regents of the University of Minnesota to enter into a joint project for distance learning development.

The systems shall use the appropriation for the following functions:

(1) to acquire, develop, and distribute high quality distance learning resources and courseware needed to meet identified distance learning needs;


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(2) to award grants to faculty to develop technology-based courseware for a variety of delivery modes including multimedia and the Internet;

(3) to decide which courses and degrees shall be offered by each institution in order to eliminate overlap and promote efficient use of resources; and

(4) to develop strategies to market and distribute distance learning proposals within and outside Minnesota, including possible collaborative relationships with private organizations.

Staffing for the joint project shall be provided by the member systems.

The higher education systems shall report in the 1997-1999 biennial budget document on progress in carrying out the functions specified and any organizational or governance structure changes needed for the joint project to most effectively carry out its functions.

Sec. 6. Minnesota Statutes 1994, section 116L.03, subdivision 1, is amended to read:

Subdivision 1. [MEMBERS.] The partnership shall be governed by a board of 12 11 directors.

Sec. 7. Minnesota Statutes 1995 Supplement, section 116L.03, subdivision 2, is amended to read:

Subd. 2. [APPOINTMENT.] The Minnesota job skills partnership board consists of: eight members appointed by the governor, the commissioner of trade and economic development, the commissioner of economic security, the chancellor of the technical college system, and the chancellor, or the chancellor's designee, of the board of trustees of the Minnesota state colleges and universities. If the chancellor makes a designation under this subdivision, the designee must have experience in technical education.

Sec. 8. Minnesota Statutes 1994, section 169.121, subdivision 10, is amended to read:

Subd. 10. [RESEARCH PROGRAMS.] No person is guilty of a violation of this section committed while participating in a research or demonstration project conducted by the Minnesota highway safety center created pursuant to section 136.147. This subdivision applies only to conduct occurring while operating a state-owned vehicle under the supervision of personnel of the center on the grounds of the center.

Sec. 9. Minnesota Statutes 1994, section 202A.19, subdivision 3, is amended to read:

Subd. 3. The University of Minnesota may not schedule an event which will take place after 6:00 p.m. on the day of a major political party precinct caucus unless permission to do so has been received from the board of regents. No Minnesota state college or university may schedule an event which will take place after 6:00 p.m. on the day of a major political party precinct caucus unless permission to do so has been received from the state university board of trustees of the Minnesota state colleges and universities. No community college may schedule an event which will take place after 6:00 p.m. on the day of a major political party precinct caucus unless permission to do so has been received from the state board for community colleges.

Sec. 10. Minnesota Statutes 1994, section 204C.03, subdivision 2, is amended to read:

Subd. 2. [STATE COLLEGES AND UNIVERSITIES AND COMMUNITY COLLEGES.] Except for regularly scheduled classes, no Minnesota state college or university or state community college shall schedule an event between 6:00 p.m. and 8:00 p.m. on the day that an election is held in any political subdivision in which the university or college is located.


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Sec. 11. Minnesota Statutes 1995 Supplement, section 256.969, subdivision 9, is amended to read:

Subd. 9. [DISPROPORTIONATE NUMBERS OF LOW-INCOME PATIENTS SERVED.] (a) For admissions occurring on or after October 1, 1992, through December 31, 1992, the medical assistance disproportionate population adjustment shall comply with federal law and shall be paid to a hospital, excluding regional treatment centers and facilities of the federal Indian Health Service, with a medical assistance inpatient utilization rate in excess of the arithmetic mean. The adjustment must be determined as follows:

(1) for a hospital with a medical assistance inpatient utilization rate above the arithmetic mean for all hospitals excluding regional treatment centers and facilities of the federal Indian Health Service but less than or equal to one standard deviation above the mean, the adjustment must be determined by multiplying the total of the operating and property payment rates by the difference between the hospital's actual medical assistance inpatient utilization rate and the arithmetic mean for all hospitals excluding regional treatment centers and facilities of the federal Indian Health Service; and

(2) for a hospital with a medical assistance inpatient utilization rate above one standard deviation above the mean, the adjustment must be determined by multiplying the adjustment that would be determined under clause (1) for that hospital by 1.1. If federal matching funds are not available for all adjustments under this subdivision, the commissioner shall reduce payments on a pro rata basis so that all adjustments qualify for federal match. The commissioner may establish a separate disproportionate population operating payment rate adjustment under the general assistance medical care program. For purposes of this subdivision medical assistance does not include general assistance medical care. The commissioner shall report annually on the number of hospitals likely to receive the adjustment authorized by this paragraph. The commissioner shall specifically report on the adjustments received by public hospitals and public hospital corporations located in cities of the first class.

(b) For admissions occurring on or after July 1, 1993, the medical assistance disproportionate population adjustment shall comply with federal law and shall be paid to a hospital, excluding regional treatment centers and facilities of the federal Indian Health Service, with a medical assistance inpatient utilization rate in excess of the arithmetic mean. The adjustment must be determined as follows:

(1) for a hospital with a medical assistance inpatient utilization rate above the arithmetic mean for all hospitals excluding regional treatment centers and facilities of the federal Indian Health Service but less than or equal to one standard deviation above the mean, the adjustment must be determined by multiplying the total of the operating and property payment rates by the difference between the hospital's actual medical assistance inpatient utilization rate and the arithmetic mean for all hospitals excluding regional treatment centers and facilities of the federal Indian Health Service;

(2) for a hospital with a medical assistance inpatient utilization rate above one standard deviation above the mean, the adjustment must be determined by multiplying the adjustment that would be determined under clause (1) for that hospital by 1.1. The commissioner may establish a separate disproportionate population operating payment rate adjustment under the general assistance medical care program. For purposes of this subdivision, medical assistance does not include general assistance medical care. The commissioner shall report annually on the number of hospitals likely to receive the adjustment authorized by this paragraph. The commissioner shall specifically report on the adjustments received by public hospitals and public hospital corporations located in cities of the first class; and

(3) for a hospital that had medical assistance fee-for-service payment volume during calendar year 1991 in excess of 13 percent of total medical assistance fee-for-service payment volume, a medical assistance disproportionate population adjustment shall be paid in addition to any other disproportionate payment due under this subdivision as follows: $1,515,000 due on the 15th of each month after noon, beginning July 15, 1995. For a hospital that had medical assistance fee-for-service payment volume during calendar year 1991 in excess of eight percent of total medical assistance fee-for-service payment volume and is was the primary hospital affiliated with the University of Minnesota, a medical assistance disproportionate population adjustment shall be paid in addition to any other disproportionate payment due under this subdivision as follows: $505,000 due on the 15th of each month after noon, beginning July 15, 1995.

(c) The commissioner shall adjust rates paid to a health maintenance organization under contract with the commissioner to reflect rate increases provided in paragraph (b), clauses (1) and (2), on a nondiscounted hospital-specific basis but shall not adjust those rates to reflect payments provided in clause (3).


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(d) If federal matching funds are not available for all adjustments under paragraph (b), the commissioner shall reduce payments under paragraph (b), clauses (1) and (2), on a pro rata basis so that all adjustments under paragraph (b) qualify for federal match.

(e) For purposes of this subdivision, medical assistance does not include general assistance medical care.

Sec. 12. [256.9692] [EFFECT OF INTEGRATION AGREEMENT ON DIVISION OF COST.]

Beginning in the first calendar month after there is a definitive integration agreement affecting the University of Minnesota hospital and clinics and Fairview hospital and health care services, Fairview hospital and health care services shall pay the University of Minnesota $505,000 on the 15th of each month, after receiving the state payment, provided that the University of Minnesota has fulfilled the requirements of section 256B.19, subdivision 1c.

Sec. 13. Minnesota Statutes 1995 Supplement, section 297A.25, subdivision 11, is amended to read:

Subd. 11. [SALES TO GOVERNMENT.] The gross receipts from all sales, including sales in which title is retained by a seller or a vendor or is assigned to a third party under an installment sale or lease purchase agreement under section 465.71, of tangible personal property to, and all storage, use or consumption of such property by, the United States and its agencies and instrumentalities, the University of Minnesota, state universities, community colleges, technical colleges, state academies, the Minnesota center for arts education, and school districts are exempt.

As used in this subdivision, "school districts" means public school entities and districts of every kind and nature organized under the laws of the state of Minnesota, including, without limitation, school districts, intermediate school districts, education districts, educational cooperative service units, secondary vocational cooperative centers, special education cooperatives, joint purchasing cooperatives, telecommunication cooperatives, regional management information centers, technical colleges, joint vocational technical districts, and any instrumentality of a school district, as defined in section 471.59.

Sales exempted by this subdivision include sales under section 297A.01, subdivision 3, paragraph (f), but do not include sales under section 297A.01, subdivision 3, paragraph (j), clause (vii).

Sales to hospitals and nursing homes owned and operated by political subdivisions of the state are exempt under this subdivision.

The sales to and exclusively for the use of libraries of books, periodicals, audio-visual materials and equipment, photocopiers for use by the public, and all cataloguing and circulation equipment, and cataloguing and circulation software for library use are exempt under this subdivision. For purposes of this paragraph "libraries" means libraries as defined in section 134.001, county law libraries under chapter 134A, the state library under section 480.09, and the legislative reference library.

Sales of supplies and equipment used in the operation of an ambulance service owned and operated by a political subdivision of the state are exempt under this subdivision provided that the supplies and equipment are used in the course of providing medical care. Sales to a political subdivision of repair and replacement parts for emergency rescue vehicles and fire trucks and apparatus are exempt under this subdivision.

Sales to a political subdivision of machinery and equipment, except for motor vehicles, used directly for mixed municipal solid waste management services at a solid waste disposal facility as defined in section 115A.03, subdivision 10, are exempt under this subdivision.

Sales to political subdivisions of chore and homemaking services to be provided to elderly or disabled individuals are exempt.

Sales of telephone services to the department of administration that are used to provide telecommunications services through the intertechnologies revolving fund are exempt under this subdivision.

This exemption shall not apply to building, construction or reconstruction materials purchased by a contractor or a subcontractor as a part of a lump-sum contract or similar type of contract with a guaranteed maximum price covering both labor and materials for use in the construction, alteration, or repair of a building or facility. This exemption does not apply to construction materials purchased by tax exempt entities or their contractors to be used in constructing buildings or facilities which will not be used principally by the tax exempt entities.


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This exemption does not apply to the leasing of a motor vehicle as defined in section 297B.01, subdivision 5, except for leases entered into by the United States or its agencies or instrumentalities.

The tax imposed on sales to political subdivisions of the state under this section applies to all political subdivisions other than those explicitly exempted under this subdivision, notwithstanding section 115A.69, subdivision 6, 116A.25, 360.035, 458A.09, 458A.30, 458D.23, 469.101, subdivision 2, 469.127, 473.394, 473.448, 473.545, or 473.608 or any other law to the contrary enacted before 1992.

Sales exempted by this subdivision include sales made to other states or political subdivisions of other states, if the sale would be exempt from taxation if it occurred in that state, but do not include sales under section 297A.01, subdivision 3, paragraphs (c) and (e).

Sec. 14. Laws 1994, chapter 643, section 69, subdivision 1, is amended to read:

Subdivision 1. [TASK FORCE MEMBERSHIP.] An 18-member A 22-member planning task force for library and information services shall be established and shall be composed of: three representatives appointed by the chancellor of the higher education board Minnesota state colleges and universities, one of whom may be serving on the MINITEX advisory committee; two representatives appointed by the president of the University of Minnesota, one of whom may be serving on the MINITEX advisory committee; one representative appointed by the president of the Minnesota private college council; the director of MINITEX; one representative appointed by the commissioner of finance; one representative appointed by the commissioner of administration; one representative appointed by the executive director of the Minnesota higher education coordinating board services office; the director of the office of library development and services; five representatives of public libraries appointed by the director of library development and services; two representatives of elementary and secondary schools appointed by the commissioner of education children, families, and learning; and one representative four representatives appointed by the governor who shall represent the private sector. The executive director of the Minnesota higher education coordinating board services office shall confer with the other appointing authorities to ensure that at least one-half of the task force members are employed in occupations unrelated to library science. The executive director of the Minnesota higher education coordinating board shall convene the first meeting of the task force.

Sec. 15. Laws 1995, chapter 212, article 1, section 3, subdivision 2, is amended to read:

Subd. 2. Instructional Expenditures

The legislature estimates that instructional expenditures will be $214,536,000 each year for the technical colleges.

The legislature estimates that instructional expenditures will be $145,565,000 each year for community colleges.

The legislature estimates that instructional expenditures will be $253,612,000 each year for state universities.

During the biennium neither the board nor campuses shall plan or develop doctoral level programs or degrees until after they have received the recommendation of the house and senate committees on education, finance, and ways and means.

This appropriation includes continued support of at least $400,000 each year for the Mid-Tec and Heartland Telecommunications Networks.

This appropriation includes $40,000 each year for American Indian outreach. The legislature anticipates this money will assist the Fond Du Lac campus to recruit, advise, and retain American Indian students.

It is the intent of the legislature to hold the Minnesota state colleges and universities accountable for making budgetary and policy decisions that provide students with access to high quality


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education and training programs. Significant and demonstrable progress toward the goals in this subdivision and in section 6, subdivision 2, are expected in this biennium for consideration in funding decisions in the next supplemental budget and in the 1998-1999 biennial budget.

The commissioner of finance shall place $5,000,000 of the second year appropriation in a performance incentive account. The commissioner shall release $1,000,000 of this amount to the board of trustees each time that it demonstrates that it has achieved one of the following performance measures has been achieved:

(1) increase the percentage of the budget directed to instruction and academic resources;

(2) increase the number of credits issued through telecommunications between fiscal year 1995 and fiscal year 1996;

(3) increase the retention of new entering freshman on state university campuses who continue into the sophomore year between fiscal year 1995 and fiscal year 1996 by at least two percent. The appropriation shall be distributed released for distribution to those campuses that achieve the increase;

(4) increase the percentage of students in two-year programs who graduate within two years of admission, and the percentage of students in four-year programs who graduate within four years of admission by at least two percent. The appropriation shall be distributed released for distribution to campuses that achieve the increase; and

(5) increase in placement rates for occupational programs and transfer rates for academic programs for community and technical colleges. One-half of the appropriation for this measure shall be released for placement rate improvements, and one-half shall be released for transfer rate improvements.

The legislature expects the board of trustees to demonstrate its commitment to enhancing educational quality, including high priority initiatives that capitalize on opportunities created by merger for: joint programs with the University of Minnesota for faculty, staff, and administrative development; enhanced opportunities for students of color; and opportunities for using technology to the advantage of students and faculty.

The legislature further expects the board of trustees to make difficult choices in its allocations, based on critical evaluations of its campuses and programs, including actions to address the 14 duplicate two-year programs located within 35 miles of each other, as identified by the legislative auditor, for which no action has yet been taken.

Each college and university shall demonstrate to the board that, in the face of severe budget constraints, it has identified those programs and functions that are central to the mission of that campus and are most critical to meeting student needs, and that the campus has redirected resources to those identified areas to protect the core educational enterprise. Further, each campus shall demonstrate that it has taken actions to improve the productivity of faculty, administrators, and staff.


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The amounts for library access; Fond du Lac American Indian student outreach; incentives for co-located campuses; increased instructional appropriations; performance funding; instructional equipment; conversion to semesters; systemwide computer system development for accounting, payroll, personnel, procurement, and student records; staff training for use of systems; staff restructuring, separation payments, and unemployment insurance; and development of library collections and curriculum at Metro State University are for these purposes only and shall be nonrecurring. The amounts are $8,741,000 in fiscal year 1996 and $16,147,000 in fiscal year 1997.

Sec. 16. [PUBLIC SAFETY OFFICER'S SURVIVOR BENEFITS; EDUCATIONAL BENEFITS FOR CERTAIN SURVIVING CHILDREN.]

Each surviving child of a volunteer firefighter killed in the line of duty before July 1, 1990, who was eligible to receive educational benefits as of that date under Minnesota Statutes, section 299A.45, but for whom educational certificates were not issued by the department of public safety, shall be eligible to receive an educational benefit award equal to the amount the child would have been eligible to receive had the certificates been issued in a timely manner.

The awards under this section are otherwise subject to Minnesota Statutes, section 299A.45.

Sec. 17. [REPEALER.]

(a) Minnesota Statutes 1995 Supplement, section 16A.125, subdivision 6a, is repealed.

(b) Minnesota Rules, parts 4800.8100, 4800.8200, 4800.8300, 4800.8400, 4830.6500, 4830.6510, 4830.6520, 4830.6600, 4830.6610, 4830.6620, 4830.8510, 4830.8520, 4830.8530, 4830.8535, 4830.8540, 4830.8550, 4830.8570, and 4830.8575, are repealed.

Sec. 18. [INSTRUCTION TO REVISOR.]

(a) In the next and subsequent editions of Minnesota Statutes, the revisor shall delete "community college," "board of community colleges," or related terms; "state university," "board of state universities," or related terms; and "technical college," "board of technical colleges," or related terms and replace them with "Minnesota state colleges and universities," "board of trustees of the Minnesota state colleges and universities," or related terms in the following sections and subdivisions: 3.3005, subdivision 1; 3.732, subdivision 1; 3.754; 13.792; 15.44; 16A.127, subdivision 8; 16B.101, subdivision 1; 16B.24, subdivision 2; 16B.30; 16B.31, subdivision 1; 16B.61, subdivision 5; 43A.08, subdivision 1a; 116N.02, subdivision 1; 116O.09, subdivision 4; 135A.06, subdivision 1; 138.054, subdivision 2; 216C.13; 256.7365, subdivision 4; 256H.01, subdivision 13; 268.65, subdivision 2; 309.515, subdivision 1; and 491A.01, subdivision 6.

(b) In the next and subsequent editions of Minnesota Statutes, the revisor shall change the term "chancellor of vocational education" to "chancellor of the Minnesota state colleges and universities" in Minnesota Statutes, section 268.363.

(c) In the next and subsequent editions of Minnesota Statutes, the revisor shall change the cross-reference to chapter "136C" to "136F" in Minnesota Statutes, section 326.84, subdivision 3, clause (9).

Sec. 19. [EFFECTIVE DATE.]

Sections 3, paragraph (e), 7, 11, 12, 14, 15, and 16 are effective the day after final enactment.

Section 17, paragraph (a), is effective June 30, 1997."

Delete the title and insert:

"A bill for an act relating to education; appropriating money for education and related purposes to the higher education services office, the board of trustees of the Minnesota state colleges and universities, and the board of regents of the University of Minnesota; making technical changes related to the post-secondary merger; redirecting


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University of Minnesota revenue; extending survivor education benefits; amending Minnesota Statutes 1994, sections 116L.03, subdivision 1; 169.121, subdivision 10; 202A.19, subdivision 3; and 204C.03, subdivision 2; Minnesota Statutes 1995 Supplement, sections 116L.03, subdivision 2; 256.969, subdivision 9; and 297A.25, subdivision 11; Laws 1994, chapter 643, section 69, subdivision 1; Laws 1995, chapter 212, article 1, section 3, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 256; repealing Minnesota Statutes 1995 Supplement, section 16A.125, subdivision 6a; Minnesota Rules, parts 4800.8100, 4800.8200, 4800.8300, 4800.8400, 4830.6500, 4830.6510, 4830.6520, 4830.6600, 4830.6610, 4830.6620, 4830.8510, 4830.8520, 4830.8530, 4830.8535, 4830.8540, 4830.8550, 4830.8570, and 4830.8575."

We request adoption of this report and repassage of the bill.

Senate Conferees: LeRoy A. Stumpf, Steve L. Murphy, Sam G. Solon, Cal Larson and Deanna Wiener.

House Conferees: Anthony G. "Tony" Kinkel, Becky Kelso, Gene Pelowski, Jr., Ron Kraus and Steve Dehler.

Kinkel moved that the report of the Conference Committee on S. F. No. 2849 be adopted and that the bill be repassed as amended by the Conference Committee.

Krinkie moved that the House refuse to adopt the Conference Committee report on S. F. No. 2849, and that the bill be returned to the Conference Committee.

A roll call was requested and properly seconded.

The question was taken on the Krinkie motion and the roll was called. There were 15 yeas and 115 nays as follows:

Those who voted in the affirmative were:

Anderson, B.          Krinkie               Olson, M.             Swenson, D.           
Broecker              Larsen                Osskopp               Worke                 
Hackbarth             Lindner               Ozment                Workman               
Knight                McElroy               Stanek                
Those who voted in the negative were:

Abrams                Farrell               Kelso                 Onnen                 Sviggum
Anderson, R.          Finseth               Kinkel                Opatz                 Swenson, H.
Bakk                  Frerichs              Knoblach              Orenstein             Sykora
Bertram               Garcia                Koppendrayer          Orfield               Tomassoni
Bettermann            Girard                Kraus                 Osthoff               Tompkins
Bishop                Goodno                Leighton              Ostrom                Trimble
Boudreau              Greenfield            Leppik                Otremba               Tuma
Bradley               Greiling              Long                  Paulsen               Tunheim
Brown                 Gunther               Lourey                Pawlenty              Van Dellen
Carlson, L.           Haas                  Luther                Pelowski              Van Engen
Carlson, S.           Harder                Lynch                 Perlt                 Vickerman
Carruthers            Hasskamp              Macklin               Peterson              Wagenius
Clark                 Hausman               Mahon                 Pugh                  Warkentin
Commers               Holsten               Mares                 Rest                  Weaver
Cooper                Huntley               Mariani               Rhodes                Wejcman
Daggett               Jaros                 Marko                 Rice                  Wenzel
Davids                Jefferson             McGuire               Rostberg              Winter
Dawkins               Jennings              Milbert               Rukavina              Wolf
Dehler                Johnson, A.           Molnau                Sarna                 Sp.Anderson,I
Delmont               Johnson, R.           Mulder                Schumacher            
Dempsey               Johnson, V.           Munger                Seagren               
Dorn                  Kahn                  Murphy                Skoglund              
Entenza               Kalis                 Ness                  Smith                 
Erhardt               Kelley                Olson, E.             Solberg               
The motion did not prevail.


JOURNAL OF THE HOUSE - 104th Day - Top of Page 8735

The question recurred on the Kinkel motion that the report of the Conference Committee on S. F. No. 2849 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

S. F. No. 2849, A bill for an act relating to education; appropriating money for education and related purposes to the higher education services office, the board of trustees of the Minnesota state colleges and universities, and the board of regents of the University of Minnesota; amending Laws 1994, chapter 643, section 69, subdivision 1.

The bill was read for the third time, as amended by Conference, and placed upon its repassage.

The question was taken on the repassage of the bill and the roll was called. There were 118 yeas and 12 nays as follows:

Those who voted in the affirmative were:

Abrams                Farrell               Kelso                 Olson, E.             Solberg
Anderson, R.          Finseth               Kinkel                Onnen                 Stanek
Bakk                  Frerichs              Knoblach              Opatz                 Sviggum
Bertram               Garcia                Kraus                 Orenstein             Swenson, D.
Bettermann            Girard                Larsen                Orfield               Swenson, H.
Bishop                Goodno                Leighton              Osthoff               Sykora
Boudreau              Greenfield            Leppik                Ostrom                Tomassoni
Bradley               Greiling              Long                  Otremba               Trimble
Broecker              Gunther               Lourey                Paulsen               Tuma
Brown                 Haas                  Luther                Pawlenty              Tunheim
Carlson, L.           Harder                Lynch                 Pelowski              Van Dellen
Carlson, S.           Hasskamp              Macklin               Perlt                 Van Engen
Carruthers            Hausman               Mahon                 Peterson              Vickerman
Clark                 Holsten               Mares                 Pugh                  Wagenius
Commers               Huntley               Mariani               Rest                  Warkentin
Cooper                Jaros                 Marko                 Rhodes                Weaver
Daggett               Jefferson             McElroy               Rice                  Wejcman
Davids                Jennings              McGuire               Rostberg              Wenzel
Dawkins               Johnson, A.           Milbert               Rukavina              Winter
Dehler                Johnson, R.           Molnau                Sarna                 Wolf
Delmont               Johnson, V.           Mulder                Schumacher            Workman
Dempsey               Kahn                  Munger                Seagren               Sp.Anderson,I
Dorn                  Kalis                 Murphy                Skoglund              
Entenza               Kelley                Ness                  Smith                 
Those who voted in the negative were:

Anderson, B.          Koppendrayer          Olson, M.             Pellow                
Hackbarth             Krinkie               Osskopp               Tompkins              
Knight                Lindner               Ozment                Worke                 
The bill was repassed, as amended by Conference, and its title agreed to.

ANNOUNCEMENT BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2493:

Kahn, Jefferson and Rhodes.

ADJOURNMENT

Ostrom moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 10:00 a.m., Monday, March 25, 1996.

Edward A. Burdick, Chief Clerk, House of Representatives


JOURNAL OF THE HOUSE - 104th Day - Top of Page 8736


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