Saint Paul, Minnesota, Friday, March 22, 1996
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:
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.
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.
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.
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
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
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
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. SchumacherThose 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.
The House reconvened and was called to order by the Speaker.
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.
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 SeagrenCarruthers 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.
Carruthers from the Committee on Rules and Legislative Administration made the following report and moved its adoption:
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.
(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.
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
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 SmithThose who voted in the negative were:
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
Abrams Erhardt Krinkie Pawlenty Weaver Bettermann Frerichs Lynch Pellow Commers Gunther Macklin Sviggum Davids Johnson, V. McElroy Van Engen Dempsey Koppendrayer Paulsen WarkentinThe motion prevailed and the Majority Report from the Committee on Rules and Legislative Administration, as amended, relating to the Bertram matter, was adopted.
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.
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.
Carruthers moved that when the House adjourns today it adjourn until 10:00 a.m., Monday, March 25, 1996. The motion prevailed.
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
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.
1996 1997 TOTAL
General $ -0- $ 16,000,000 $ 16,000,000
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.
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.
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
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
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;
(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.
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).
(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.
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
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.
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
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 StanekThose 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. SolbergThe motion did not prevail.
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 SmithThose who voted in the negative were:
Anderson, B. Koppendrayer Olson, M. Pellow Hackbarth Krinkie Osskopp Tompkins Knight Lindner Ozment WorkeThe bill was repassed, as amended by Conference, and its title agreed to.
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.
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
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