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Office of the Revisor of Statutes

HF 2244

CCR--HF2244B - 87th Legislature (2011 - 2012)

Posted on 01/15/2013 08:26 p.m.

KEY: stricken = removed, old language.
underscored = added, new language.
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1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 2244 1.2A bill for an act 1.3relating to the permanent school fund; changing the Permanent School Fund 1.4Advisory Committee into a legislative commission; establishing a permanent 1.5school fund board; granting the board authority to employ a director to oversee, 1.6manage, and administer school trust lands;amending Minnesota Statutes 2010, 1.7sections 16A.06, subdivision 11; 16A.125, subdivision 5; 84.027, subdivision 1.818; 84.085, subdivision 1; 92.12, subdivision 1; 92.121; 92.13; 93.2236; 94.342, 1.9subdivision 5; 127A.30; 477A.11, subdivisions 3, 4, by adding a subdivision; 1.10477A.12, subdivisions 2, 3; Minnesota Statutes 2011 Supplement, section 1.11477A.12, subdivision 1; proposing coding for new law in Minnesota Statutes, 1.12chapter 127A. 1.13April 24, 2012 1.14The Honorable Kurt Zellers 1.15Speaker of the House of Representatives 1.16The Honorable Michelle L. Fischbach 1.17President of the Senate 1.18We, the undersigned conferees for H. F. No. 2244 report that we have agreed upon 1.19the items in dispute and recommend as follows: 1.20That the Senate recede from its amendments and that H. F. No. 2244 be further 1.21amended as follows: 1.22Delete everything after the enacting clause and insert: 1.23    "Section 1. Minnesota Statutes 2010, section 15A.0815, subdivision 3, is amended to 1.24read: 1.25    Subd. 3. Group II salary limits. The salaries for positions in this subdivision may 1.26not exceed 85 percent of the salary of the governor: 1.27    Executive director of Gambling Control Board; 1.28    Commissioner, Iron Range Resources and Rehabilitation Board; 1.29    Commissioner, Bureau of Mediation Services; 1.30    Ombudsman for Mental Health and Developmental Disabilities; 1.31    Chair, Metropolitan Council; 1.32    new text begin School trust lands director;new text end 2.1    Executive director of pari-mutuel racing; and 2.2    Commissioner, Public Utilities Commission. 2.3    Sec. 2. Minnesota Statutes 2010, section 16A.06, subdivision 11, is amended to read: 2.4    Subd. 11. Permanent school fund reporting. The commissioner shall annually 2.5report to thenew text begin Legislativenew text end Permanent School Fund Advisory Committeenew text begin Commission,new text end and 2.6the legislature the amount of the permanent school fund transfer and information about 2.7the investment of the permanent school fund provided by the State Board of Investment. 2.8The State Board of Investment shall provide information about how they maximized the 2.9long-term economic return of the permanent school fund. 2.10    Sec. 3. Minnesota Statutes 2010, section 16A.125, subdivision 5, is amended to read: 2.11    Subd. 5. Forest trust lands. (a) The term "state forest trust fund lands" as used 2.12in this subdivision, means public land in trust under the Constitution set apart as "forest 2.13lands under the authority of the commissioner" of natural resources as defined by section 2.1489.001, subdivision 13 . 2.15(b) The commissioner of management and budget shall credit the revenue from the 2.16forest trust fund lands to the forest suspense account. The account must specify the trust 2.17funds interested in the lands and the respective receipts of the lands. 2.18(c) After a fiscal year, the commissioner of management and budget shall certify the 2.19total costs incurred for forestry during that year under appropriations for the protection, 2.20improvement, administration, and management of state forest trust fund lands and 2.21construction and improvement of forest roads to enhance the forest value of the lands. The 2.22certificate must specify the trust funds interested in the lands. new text begin After presentation to the new text end 2.23new text begin Legislative Permanent School Fund Commission, new text end the commissioner of natural resources 2.24shall supply the commissioner of management and budget with the information needed for 2.25the certificate.new text begin The certificate shall include an analysis that compares costs certified under new text end 2.26new text begin this section with costs incurred on other public and private lands with similar land assets.new text end 2.27(d) After a fiscal year, the commissioner shall distribute the receipts credited to the 2.28suspense account during that fiscal year as follows: 2.29(1) the amount of the certified costs incurred by the state for forest management, 2.30forest improvement, and road improvement during the fiscal year shall be transferred to 2.31the forest management investment account established under section 89.039; 2.32(2) the balance of the certified costs incurred by the state during the fiscal year 2.33shall be transferred to the general fund; and 3.1(3) the balance of the receipts shall then be returned prorated to the trust funds in 3.2proportion to their respective interests in the lands which produced the receipts. 3.3    Sec. 4. Minnesota Statutes 2010, section 84.027, subdivision 18, is amended to read: 3.4    Subd. 18. Permanent school fund authority; reporting. new text begin (a) new text end The commissioner 3.5of natural resources has the authority and responsibility for the administration of school 3.6trust lands under sections 92.121 and 127A.31. The commissioner shall biannually report 3.7to the Permanent School Fund Advisory Committeenew text begin Legislative Permanent School Fund new text end 3.8new text begin Commissionnew text end and the legislature on the management of the school trust lands that shows 3.9how the commissioner has and will continue to achieve the following goals: 3.10    (1) manage the school trust lands efficientlynew text begin and in a manner that reflects the new text end 3.11new text begin undivided loyalty to the beneficiaries consistent with the commissioner's fiduciary dutiesnew text end ; 3.12    (2) reduce the management expenditures of school trust lands and maximize the 3.13revenues deposited in the permanent school trust fund; 3.14    (3) manage the sale, exchange, and commercial leasing of school trust landsnew text begin , new text end 3.15new text begin requiring returns of not less than fair market value,new text end to maximize the revenues deposited in 3.16the permanent school trust fund and retain the value from the long-term appreciation of 3.17the school trust lands; and 3.18    (4) manage the school trust lands to maximize the long-term economic return for the 3.19permanent school trust fund while maintaining sound natural resource conservation and 3.20management principlesnew text begin ;new text end 3.21new text begin (5) optimize school trust land revenues and maximize the value of the trust consistent new text end 3.22new text begin with the balancing of short-term and long-term interests, so that long-term benefits are not new text end 3.23new text begin lost in an effort to maximize short-term gains; andnew text end 3.24new text begin (6) maintain the integrity of the trust and prevent the misapplication of its lands new text end 3.25new text begin and its revenuesnew text end . 3.26new text begin (b) When the commissioner finds an irresolvable conflict between maximizing the new text end 3.27new text begin long-term economic return and protecting natural resources and recreational values on new text end 3.28new text begin school trust lands, the commissioner shall give precedence to the long-term economic new text end 3.29new text begin return in managing school trust lands. By July 1, 2018, the permanent school fund new text end 3.30new text begin shall be compensated for all school trust lands included under a designation or policy new text end 3.31new text begin provision that prohibits long-term economic return. The commissioner shall submit new text end 3.32new text begin recommendations to the appropriate legislative committees and divisions on methods of new text end 3.33new text begin funding for the compensation required under this paragraph, including recommendations new text end 3.34new text begin for appropriations from the general fund, nongeneral funds, and the state bond fund. Any new text end 3.35new text begin uncompensated designation or policy provision restrictions on the long-term economic new text end 4.1new text begin return on school trust lands remaining after July 1, 2018, shall be compiled and submitted new text end 4.2new text begin to the Legislative Permanent School Fund Commission for review.new text end 4.3new text begin (c) By December 31, 2013, the report required under paragraph (a) shall provide an new text end 4.4new text begin inventory and identification of all school trust lands that are included under a designation new text end 4.5new text begin or policy provision that prohibits long-term economic return. The report shall include a new text end 4.6new text begin plan to compensate the permanent school fund through the purchase or exchange of the new text end 4.7new text begin lands or a plan to manage the school trust land to generate long-term economic return to new text end 4.8new text begin the permanent school fund. Subsequent reports under paragraph (a) shall include a status new text end 4.9new text begin report of the commissioner's progress in maximizing the long-term economic return on new text end 4.10new text begin lands identified in the 2013 report.new text end 4.11new text begin (d) When future designations or policies by the commissioner prohibit the long-term new text end 4.12new text begin economic return on school trust land, the conflict shall be resolved by compensating the new text end 4.13new text begin permanent school fund through an exchange or purchase of the lands before designation or new text end 4.14new text begin application of the policy.new text end 4.15    Sec. 5. Minnesota Statutes 2010, section 92.45, is amended to read: 4.1692.45 STATE LAND ON MEANDERED LAKES WITHDRAWN FROM 4.17SALE. 4.18All state landsnew text begin , excluding school trust lands,new text end bordering on or adjacent to meandered 4.19lakes and other public waters and watercourses, with the live timber growing on them, 4.20are withdrawn from sale except as provided in this section. The commissioner of natural 4.21resources may sell the timber as otherwise provided by law for cutting and removal under 4.22conditions the commissioner prescribes. The conditions must be in accordance with 4.23approved, sustained-yield forestry practices. The commissioner must reserve the timber 4.24and impose other conditions the commissioner deems necessary to protect watersheds, 4.25wildlife habitat, shorelines, and scenic features. Within the area in Cook, Lake, and St. 4.26Louis Counties described in the Act of Congress approved July 10, 1930, (Statutes at 4.27Large, volume 46, page 1020), the timber on state lands is subject to restrictions like those 4.28now imposed by the act on federal lands. 4.29The following land is reserved for public travel: of all land bordering on or adjacent 4.30to meandered lakes and other public waters and watercourses and withdrawn from sale, a 4.31strip two rods wide, the ordinary high-water mark being its waterside boundary, and its 4.32landside boundary a line drawn parallel to the ordinary high-water mark and two rods 4.33distant landward from it. Wherever the conformation of the shore line or conditions 4.34require, the commissioner must reserve a wider strip. 5.1Except for sales under section 282.018, subdivision 1, when a state agency or any 5.2other unit of government requests the legislature to authorize the sale of state lands 5.3bordering on or adjacent to meandered lakes and other public waters and watercourses, the 5.4commissioner shall evaluate the lands and their public benefits and make recommendations 5.5on the proposed dispositions to the committees of the legislature with jurisdiction 5.6over natural resources. The commissioner shall include any recommendations of the 5.7commissioner for disposition of lands withdrawn from sale under this section over which 5.8the commissioner has jurisdiction. The commissioner's recommendations may include a 5.9public sale, sale to a private party, acquisition by the commissioner for public purposes, 5.10retention of a conservation easement for shoreland preservation by the commissioner 5.11under chapter 84C, or a cooperative management agreement with, or transfer to, another 5.12unit of government. 5.13The commissioner may sell state lands bordering on or adjacent to the Mississippi 5.14River or any lakes, waters, and watercourses in its bottom lands, desired or needed by the 5.15United States government for, or in connection with, any project heretofore authorized 5.16by Congress, to improve navigation in the Mississippi River at public sale according 5.17to law, as in other cases, upon application by an authorized United States official. The 5.18application must describe the land and include a map showing its location with reference 5.19to adjoining properties. 5.20    Sec. 6. Minnesota Statutes 2010, section 94.342, subdivision 5, is amended to read: 5.21    Subd. 5. Additional restrictions on school trust land. School trust land may 5.22be exchanged with other Class A land only if the Permanent School Fund Advisory 5.23Committee new text begin school trust lands directornew text end is appointed as temporary trustee of the school trust 5.24land for purposes of the exchange. The committee new text begin Legislative Permanent School Fund new text end 5.25new text begin Commission new text end shall provide independent legal counsel to review the exchanges. 5.26    Sec. 7. Minnesota Statutes 2010, section 127A.30, is amended to read: 5.27127A.30 new text begin LEGISLATIVE new text end PERMANENT SCHOOL FUND ADVISORY 5.28COMMITTEEnew text begin COMMISSIONnew text end . 5.29    Subdivision 1. new text begin Commission established; new text end membership. A statenew text begin (a) The Legislativenew text end 5.30Permanent School Fund Advisory Committeenew text begin Commission of 12 membersnew text end is established 5.31to advise the Department of Natural Resourcesnew text begin and the school trust lands directornew text end on the 5.32management of permanent school fund land, which is held in trust for the school districts 5.33of the statenew text begin and to review legislation affecting permanent school fund landnew text end . The advisory 5.34committee must consistnew text begin commission consistsnew text end of the following persons or their designees: 6.1the chairs of the education committees of the legislature, the chairs of the legislative 6.2committees with jurisdiction over the K-12 education budget, the chairs of the legislative 6.3committees with jurisdiction over the environment and natural resources policy and budget, 6.4the chair of the senate Committee on Finance and the chair of the house of representatives 6.5Committee on Ways and Means, the commissioner of education, one superintendent 6.6from a nonmetropolitan district, one superintendent from a metropolitan area district, one 6.7person with an expertise in forestry, one person with an expertise in minerals and mining, 6.8one person with an expertise in real estate development, one person with an expertise 6.9in renewable energy, one person with an expertise in finance and land management, 6.10and one person with an expertise in natural resource conservation. The school district 6.11superintendents shall be appointed by the commissioner of education. The committee 6.12members with areas of expertise in forestry, minerals and mining, real estate development, 6.13renewable energy, finance and land management, and natural resource conservation shall 6.14be appointed by the commissioner of natural resources. Members of the legislature shall 6.15be given the opportunity to recommend candidates for vacancies on the committee to the 6.16commissioners of education and natural resources. The advisory committee must also 6.17include a nonvoting member appointed by the commissioner of natural resources. The 6.18commissioner of natural resources shall provide administrative support to the committee. 6.19The members of the committee shall serve without compensation. The members of the 6.20Permanent School Fund Advisory Committee shall elect their chair and are bound by the 6.21provisions of sections and 116P.09, subdivision 6. 6.22new text begin (1) six members of the senate, including three majority party members appointed by new text end 6.23new text begin the majority leader and three minority party members appointed by the minority leader; andnew text end 6.24new text begin (2) six members of the house of representatives, including three majority party new text end 6.25new text begin members appointed by the speaker of the house and three minority party members new text end 6.26new text begin appointed by the minority leader.new text end 6.27new text begin (b) Appointed legislative members serve at the pleasure of the appointing authority new text end 6.28new text begin and continue to serve until their successors are appointed.new text end 6.29new text begin (c) The first meeting of the commission shall be convened by the chair of the new text end 6.30new text begin Legislative Coordinating Commission. Members shall elect a chair, vice-chair, secretary, new text end 6.31new text begin and other officers as determined by the commission. The chair may convene meetings as new text end 6.32new text begin necessary to conduct the duties prescribed by this section.new text end 6.33    Subd. 2. Duties. The advisory committee new text begin commission new text end shall review the policies of 6.34the Department of Natural Resources and current statutes on management of school trust 6.35fund lands at least annually and shall recommend necessary changes in statutes, policy, 6.36and implementation in order to ensure provident utilization of the permanent school fund 7.1lands. By January 15 of each year, the advisory committeenew text begin commissionnew text end shall submit 7.2a report to the legislature with recommendations for the management of school trust 7.3lands to secure long-term economic return for the permanent school fund, consistent with 7.4sections 92.121 and 127A.31. The committee'snew text begin commission'snew text end annual report may include 7.5recommendations to: 7.6    (1) manage the school trust lands efficiently; 7.7    (2) reduce the management expenditures of school trust lands and maximize the 7.8revenues deposited in the permanent school trust fund; 7.9    (3) manage the sale, exchange, and commercial leasing of school trust lands to 7.10maximize the revenues deposited in the permanent school trust fund and retain the value 7.11from the long-term appreciation of the school trust lands; and 7.12    (4) manage the school trust lands to maximize the long-term economic return for 7.13the permanent school trust fund while maintaining sound natural resource conservation 7.14and management principlesnew text begin ; andnew text end 7.15new text begin (5) manage the asset allocation of the permanent school fundnew text end . 7.16    Subd. 3. Duration. Notwithstanding section 15.059, subdivision 5, the advisory 7.17committee is permanent and does not expire. 7.18    Sec. 8. new text begin [127A.351] POLICY AND PURPOSE.new text end 7.19new text begin (a) The purpose of sections 127A.351 to 127A.353 is to establish a school trust lands new text end 7.20new text begin director position to recommend management policies for Minnesota's school trust lands in new text end 7.21new text begin accordance with the provisions of the Minnesota Constitution, article XI, section 8.new text end 7.22new text begin (b) As trustee, the state must manage the lands and revenues generated from the new text end 7.23new text begin lands consistent with the best interests of the trust beneficiaries as defined in the Minnesota new text end 7.24new text begin Constitution, article XI, section 8. When it is in the best interest of the school trust lands, new text end 7.25new text begin ecological benefits shall be taken into consideration.new text end 7.26new text begin (c) The trustee must be concerned with both income for the current beneficiaries new text end 7.27new text begin and the preservation of trust assets for future beneficiaries, which requires a balancing of new text end 7.28new text begin short-term and long-term interests so that long-term benefits are not lost in an effort to new text end 7.29new text begin maximize short-term gains.new text end 7.30new text begin (d) Sections 127A.351 to 127A.353 shall be liberally construed to enable the school new text end 7.31new text begin trust lands director and the commissioner of natural resources to faithfully fulfill the new text end 7.32new text begin state's obligations to the trust beneficiaries.new text end 7.33    Sec. 9. new text begin [127A.352] POLICY RECOMMENDATIONS; DUTIES.new text end 8.1    new text begin Subdivision 1.new text end new text begin Recommendations.new text end new text begin The Legislative Permanent School Fund new text end 8.2new text begin Commission shall recommend policies for the school trust lands director and the new text end 8.3new text begin commissioner of natural resources that are consistent with the Minnesota Constitution, new text end 8.4new text begin state law, and the goals established under section 84.027, subdivision 18.new text end 8.5    new text begin Subd. 2.new text end new text begin Duties.new text end new text begin The commissioner of natural resources and the school trust lands new text end 8.6new text begin director shall recommend to the governor and the Legislative Permanent School Fund new text end 8.7new text begin Commission any necessary or desirable changes in statutes relating to the trust or their new text end 8.8new text begin trust responsibilities consistent with the policies under section 127A.351.new text end 8.9    new text begin Subd. 3.new text end new text begin Notice to commission and governor.new text end new text begin If the school trust lands director has new text end 8.10new text begin an irreconcilable disagreement with the commissioner of natural resources pertaining to new text end 8.11new text begin the fiduciary responsibilities consistent with the school trust lands, it is the duty of the new text end 8.12new text begin director to report the subject of the disagreement to the Legislative Permanent School new text end 8.13new text begin Fund Commission and the governor.new text end 8.14    Sec. 10. new text begin [127A.353] SCHOOL TRUST LANDS DIRECTOR.new text end 8.15    new text begin Subdivision 1.new text end new text begin Appointment.new text end new text begin The school trust lands director shall be appointed new text end 8.16new text begin by the governor. The commissioner of administration shall provide office space for new text end 8.17new text begin the director. The commissioner shall provide human resources, payroll, accounting, new text end 8.18new text begin procurement, and other similar administrative services to the school trust lands director. new text end 8.19new text begin The director's appointment is subject to the advice and consent of the senate.new text end 8.20    new text begin Subd. 2.new text end new text begin Qualifications.new text end new text begin The governor shall select the school trust lands director on new text end 8.21new text begin the basis of outstanding professional qualifications and knowledge of finance, business new text end 8.22new text begin practices, minerals, forest and real estate management, and the fiduciary responsibilities new text end 8.23new text begin of a trustee to the beneficiaries of a trust. The school trust lands director serves in the new text end 8.24new text begin unclassified service for a term of four years. The first term shall end on December 31, new text end 8.25new text begin 2016. The governor may remove the school trust lands director for cause. If a director new text end 8.26new text begin resigns or is removed for cause, the governor shall appoint a director for the remainder of new text end 8.27new text begin the term.new text end 8.28    new text begin Subd. 3.new text end new text begin Compensation.new text end new text begin Compensation of the school trust lands director shall be new text end 8.29new text begin established under chapter 15A.new text end 8.30    new text begin Subd. 4.new text end new text begin Duties; powers.new text end new text begin (a) The school trust lands director shall:new text end 8.31new text begin (1) take an oath of office before assuming any duties as the director;new text end 8.32new text begin (2) evaluate the school trust land asset position;new text end 8.33new text begin (3) determine the estimated current and potential market value of school trust lands;new text end 9.1new text begin (4) advise the governor, Executive Council, commissioner of natural resources, new text end 9.2new text begin and the Legislative Permanent School Fund Commission on the management of school new text end 9.3new text begin trust lands, including:new text end 9.4new text begin (i) Department of Natural Resources school trust land management plans;new text end 9.5new text begin (ii) leases of school trust lands;new text end 9.6new text begin (iii) royalty agreements on school trust lands;new text end 9.7new text begin (iv) land sales and exchanges;new text end 9.8new text begin (v) cost certification; andnew text end 9.9new text begin (vi) revenue generating options;new text end 9.10new text begin (5) propose to the Legislative Permanent School Fund Commission legislative new text end 9.11new text begin changes that will improve the asset allocation of the school trust lands;new text end 9.12new text begin (6) develop a ten-year strategic plan and a 25-year framework for management of new text end 9.13new text begin school trust lands, in conjunction with the commissioner of natural resources, that is new text end 9.14new text begin updated every five years and implemented by the commissioner, with goals to:new text end 9.15new text begin (i) retain core real estate assets;new text end 9.16new text begin (ii) increase the value of the real estate assets and the cash flow from those assets;new text end 9.17new text begin (iii) rebalance the portfolio in assets with high performance potential and the new text end 9.18new text begin strategic disposal of selected assets;new text end 9.19new text begin (iv) establish priorities for management actions; andnew text end 9.20new text begin (v) balance revenue enhancement and resource stewardship;new text end 9.21new text begin (7) submit to the Legislative Permanent School Fund Commission for review an new text end 9.22new text begin annual budget and management plan for the director; andnew text end 9.23new text begin (8) keep the beneficiaries, governor, legislature, and the public informed about the new text end 9.24new text begin work of the director by reporting to the Legislative Permanent School Fund Commission new text end 9.25new text begin in a public meeting at least once during each calendar quarter.new text end 9.26new text begin (b) In carrying out the duties under paragraph (a), the school trust lands director new text end 9.27new text begin shall have the authority to:new text end 9.28new text begin (1) direct and control money appropriated to the director;new text end 9.29new text begin (2) establish job descriptions and employ up to five employees in the unclassified new text end 9.30new text begin service, within the limitations of money appropriated to the director;new text end 9.31new text begin (3) enter into interdepartmental agreements with any other state agency; andnew text end 9.32new text begin (4) submit recommendations on strategies for school trust land leases, sales, or new text end 9.33new text begin exchanges to the commissioner of natural resources and the Legislative Permanent School new text end 9.34new text begin Fund Commission.new text end 10.1    Sec. 11. new text begin COSTS OF SCHOOL TRUST LANDS DIRECTOR AND LEGISLATIVE new text end 10.2new text begin PERMANENT SCHOOL FUND COMMISSION.new text end 10.3new text begin (a) The costs of the school trust lands director, including the costs of hiring staff, new text end 10.4new text begin and the Legislative Permanent School Fund Commission for fiscal years 2014 and 2015 new text end 10.5new text begin shall be from the state forest development account under Minnesota Statutes, section new text end 10.6new text begin 16A.125, and from the minerals management account under Minnesota Statutes, section new text end 10.7new text begin 93.2236, as appropriated by the legislature.new text end 10.8new text begin (b) The school trust lands director and the Legislative Permanent School Fund new text end 10.9new text begin Commission shall submit to the 2014 legislature a proposal to fund the operational costs new text end 10.10new text begin of the Legislative Permanent School Fund Commission and school trust lands director new text end 10.11new text begin and staff with a cost certification method using revenues generated by the permanent new text end 10.12new text begin school fund lands.new text end 10.13    Sec. 12. new text begin EFFECTIVE DATE.new text end 10.14new text begin Sections 1 to 10 are effective July 1, 2013.new text end " 10.15Delete the title and insert: 10.16"A bill for an act 10.17relating to the permanent school fund; changing the Permanent School Fund 10.18Advisory Committee into a legislative commission; providing for a director 10.19for school trust lands;amending Minnesota Statutes 2010, sections 15A.0815, 10.20subdivision 3; 16A.06, subdivision 11; 16A.125, subdivision 5; 84.027, 10.21subdivision 18; 92.45; 94.342, subdivision 5; 127A.30; proposing coding for new 10.22law in Minnesota Statutes, chapter 127A." 11.1 We request the adoption of this report and repassage of the bill. 11.2 House Conferees: 11.3 ..... ..... 11.4 Tim O'Driscoll Carolyn McElfatrick 11.5 ..... ..... 11.6 Denny McNamara Denise Dittrich 11.7 ..... 11.8 Steve Simon 11.9 Senate Conferees: 11.10 ..... ..... 11.11 Benjamin A. Kruse Thomas M. Bakk 11.12 ..... ..... 11.13 John J. Carlson Gen Olson 11.14 ..... 11.15 Dave A. Thompson