STATE OF MINNESOTA Journal of the Senate SEVENTY-NINTH LEGISLATURE ________________ ONE HUNDRED TWELFTH DAY St. Paul, Minnesota, Tuesday, April 2, 1996 The Senate met at 9:00 a.m. and was called to order by the President. CALL OF THE SENATE Mr. Knutson imposed a call of the Senate. The Sergeant at Arms was instructed to bring in the absent members. Prayer was offered by Senator Pat Piper. The roll was called, and the following Senators answered to their names: Anderson Frederickson Krentz Morse Reichgott Junge Beckman Hanson Kroening Murphy Riveness Belanger Hottinger Laidig Neuville Robertson Berg Janezich Langseth Novak Runbeck Berglin Johnson, D.E. Larson Oliver Sams Betzold Johnson, D.J. Lesewski Olson Samuelson Chandler Johnson, J.B. Lessard Ourada Scheevel Cohen Johnston Limmer Pappas Solon Day Kelly Marty Pariseau Spear Dille Kiscaden Merriam Piper Stevens Finn Kleis Metzen Pogemiller Stumpf Fischbach Knutson Moe, R.D. Price Terwilliger Flynn Kramer Mondale Ranum Vickerman The President declared a quorum present. The reading of the Journal was dispensed with and the Journal, as printed and corrected, was approved. EXECUTIVE AND OFFICIAL COMMUNICATIONS The following communication was received. April 1, 1996 The Honorable Allan H. Spear President of the Senate Dear President Spear: It is my honor to inform you that I have received, approved, signed and deposited in the Office of Secretary of State Chapter 395, Senate File 2849 (with the exceptions of Section 2, clause (a) on page 2, lines 17 through 29; and Section 2, clause (c) on page 3, lines 48 through 60, and on page 4, lines 1 through 10). I have line item vetoed the $50,000 for "Loan Repayment Assistance." This appropriation sets a bad precedent for the future of higher education funding. Targeted resources or financial aid should be directed to students who are struggling to attend institutions currently, and not to 8528 JOURNAL OF THE SENATE [112TH DAY someone who has successfully graduated. One has to be curious when the legislature is prepared to pay back loans for certain attorneys while failing to extend this presumed virtue to doctors, nurses, etc. I have also line item vetoed the $1,500,000 for "State Grants." In a time when colleges and universities, especially the University of Minnesota, are struggling to provide quality programs with limited resources, this appropriation is a particularly poor use of state resources. Under this appropriation the amount of aid that would flow to students is about $26 per student. This amount is not nearly significant enough to influence student attendance or choices. In addition, changes in financial aid should be made in the budget year as they were last year. The rest of the 1996 higher education omnibus bill is disappointing. The administration requested $15 million in programs for higher education and of this amount the legislature saw fit to fund $8.8 million of that request. The legislature took it upon themselves to "veto" $200,000 in funding for Grants to Community Organizations, and they reduced planning funds for the Statewide Online Information system by $100,000. But the most disturbing action of the legislature was their reduction in funding for the University of Minnesota's Academic Health Center. The Administration requested $14.5 million and the legislature returned with only $8.6 million. Warmest regards, Arne H. Carlson, Governor Mr. Moe, R.D. moved that S.F. No. 2849 and the veto message thereon be laid on the table. The motion prevailed. MESSAGES FROM THE HOUSE Mr. President: I have the honor to announce that the House refuses to concur in the Senate amendments to House File No. 3012: H.F. No. 3012: A bill for an act relating to metropolitan government; modifying a certain levy limitation for the metropolitan council; allowing for distribution of funds from the tax base revitalization account to development authorities; authorizing the metropolitan council to issue bonds; requiring a transfer between certain accounts of the council; amending Minnesota Statutes 1994, section 473.167, subdivision 2a; Minnesota Statutes 1995 Supplement, sections 473.167, subdivisions 2 and 3; and 473.252; Laws 1989, chapter 279, section 7, subdivision 6; repealing Minnesota Statutes 1994, section 473.167, subdivision 5; Minnesota Statutes 1995 Supplement, section 473.167, subdivision 3a. The House respectfully requests that a Conference Committee of 5 members be appointed thereon. Long, Brown, Rest, Skoglund and Garcia have been appointed as such committee on the part of the House. House File No. 3012 is herewith transmitted to the Senate with the request that the Senate appoint a like committee. Edward A. Burdick, Chief Clerk, House of Representatives Transmitted April 1, 1996 Mr. Mondale moved that the Senate accede to the request of the House for a Conference Committee on H.F. No. 3012, and that a Conference Committee of 5 members be appointed by the Subcommittee on Committees on the part of the Senate, to act with a like Conference Committee appointed on the part of the House. The motion prevailed. 112TH DAY] TUESDAY, APRIL 2, 1996 8529 MOTIONS AND RESOLUTIONS Ms. Johnston moved that S.F. No. 2588, No. 7 on General Orders, be stricken and re-referred to the Committee on Taxes and Tax Laws. The motion prevailed. RECESS Mr. Moe, R.D. moved that the Senate do now recess subject to the call of the President. The motion prevailed. After a brief recess, the President called the Senate to order. APPOINTMENTS Mr. Moe, R.D. from the Subcommittee on Committees recommends that the following Senators be and they hereby are appointed as a Conference Committee on: H.F. No. 3012: Mr. Mondale, Mrs. Pariseau, Mr. Murphy, Ms. Flynn and Mr. Day. Mr. Moe, R.D. moved that the foregoing appointments be approved. The motion prevailed. MOTIONS AND RESOLUTIONS - CONTINUED Without objection, the Senate proceeded to the Order of Business of Introduction and First Reading of Senate Bills. INTRODUCTION AND FIRST READING OF SENATE BILLS The following bill was read the first time and referred to the committee indicated. Ms. Johnson, J.B. introduced-- S.F. No. 2892: A bill for an act relating to utilities; regulating rates for extended area telephone service; amending Minnesota Statutes 1995 Supplement, section 237.762, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 237. Referred to the Committee on Jobs, Energy and Community Development. MOTIONS AND RESOLUTIONS - CONTINUED Mr. Kroening moved that H.F. No. 3243 and the Conference Committee report thereon be taken from the table. The motion prevailed. H.F. No. 3243: A bill for an act relating to the organization and operation of state government; appropriating money for economic development and other purposes; providing for assessments against utilities; amending Minnesota Statutes 1994, sections 116G.151; 138.664, by adding a subdivision; 138.763, subdivision 1; 168.33, subdivision 2; and 469.303; Minnesota Statutes 1995 Supplement, sections 79.561, subdivision 3; 138.01, by adding a subdivision; Laws 1994, chapter 573, sections 1, subdivisions 6 and 7; 4; and 5, subdivisions 1 and 2; Laws 1995, chapters 231, article 1, section 33; and 224, sections 2, subdivision 2; and 5, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 116J; repealing Minnesota Statutes 1994, sections 116J.873, subdivisions 1, 2, and 4; 138.662, subdivision 5; and 268.9783, subdivision 8; Minnesota Statutes 1995 Supplement, section 116J.873, subdivisions 3 and 5. 8530 JOURNAL OF THE SENATE [112TH DAY Mr. Kroening moved that the foregoing recommendations and Conference Committee report on H.F. No. 3243 be now adopted, and that the bill be repassed as amended by the Conference Committee. CALL OF THE SENATE Mr. Kroening imposed a call of the Senate for the balance of the proceedings on H.F. No. 3243. The Sergeant at Arms was instructed to bring in the absent members. The question was taken on the adoption of the motion. The roll was called, and there were yeas 31 and nays 28, as follows: Those who voted in the affirmative were: Anderson Fischbach Langseth Piper Stevens Beckman Flynn Metzen Pogemiller Stumpf Berglin Hottinger Moe, R.D. Price Terwilliger Betzold Johnson, D.J. Mondale Ranum Chandler Johnson, J.B. Murphy Reichgott Junge Cohen Krentz Novak Samuelson Dille Kroening Pappas Solon Those who voted in the negative were: Belanger Johnston Lesewski Oliver Sams Berg Kiscaden Limmer Olson Scheevel Day Kleis Marty Ourada Spear Frederickson Knutson Merriam Pariseau Vickerman Hanson Kramer Morse Robertson Johnson, D.E. Larson Neuville Runbeck The motion prevailed. So the recommendations and Conference Committee report were adopted. H.F. No. 3243 was read the third time, as amended by the Conference Committee, and placed on its repassage. The question was taken on the repassage of the bill, as amended by the Conference Committee. The roll was called, and there were yeas 37 and nays 24, as follows: Those who voted in the affirmative were: Anderson Flynn Krentz Pappas Solon Beckman Hanson Kroening Piper Spear Berglin Hottinger Langseth Pogemiller Stevens Betzold Janezich Metzen Price Stumpf Chandler Johnson, D.J. Moe, R.D. Ranum Vickerman Cohen Johnson, J.B. Mondale Reichgott Junge Dille Kelly Murphy Sams Fischbach Kramer Novak Samuelson Those who voted in the negative were: Belanger Johnston Lesewski Neuville Robertson Berg Kiscaden Limmer Oliver Runbeck Day Kleis Marty Olson Scheevel Frederickson Knutson Merriam Ourada Terwilliger Johnson, D.E. Larson Morse Pariseau So the bill, as amended by the Conference Committee, was repassed and its title was agreed to. CONFERENCE COMMITTEE EXCUSED Pursuant to Rule 21, Mr. Johnson, D.J. moved that the following members be excused for a Conference Committee on H.F. No. 3249 at 10:00 a.m.: 112TH DAY] TUESDAY, APRIL 2, 1996 8531 Messrs.