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Environment and Natural Resources

SIXTEENTH MEETING

2005-2006 Regular Session - Wednesday, March 16, 2005

STATE OF MINNESOTA SIXTEENTH MEETING
HOUSE OF REPRESENTATIVES EIGHTY-FOURTH SESSION

ENVIRONMENT & NATURAL RESOURCES POLICY COMMITTEE

MINUTES


Representative Tom Hackbarth, Chair of the Environment & Natural Resources Policy Committee, called the sixteenth meeting to order at 6:22 p.m. on March 16, 2005, in the Room 10 of the State Office Building.

The Clerk noted the roll.

Members present:

HACKBARTH, Tom, Chair
COX, Ray, Vice Chair
BLAINE, Greg
CORNISH, Tony
DILL, David
KELLIHER-ANDERSON, Margaret
HANSEN, Rick
HOPPE, Joe
HORTMAN, Melissa
MARIANI, Carlos
MCNAMARA, Denny
NORNES, Bud
OZMENT, Dennis
PENAS, Maxine
POPPE, Jeanne
SCALZE, Bev
TINGELSTAD, Kathy
WAGENIUS, Jean
WELTI, Andy
WESTROM, Torrey

Members excused:

A quorum was present.
6:23:43 PM Rep. Cox moved the minutes of the Environment & Natural Resources Committee, dated March 15, 2005.

THE MOTION PREVAILED

6:23:47 PM HF1547 (Hackbarth) Off highway vehicles regulated, rulemaking required, certain state trail and forest classifications provisions modified, study required, civil penalties provided, and money appropriated

The Committee continued testimony on HF1547 from the meeting of Tuesday, March 15, 2005.
6:25:00 PM Jack Pine Coalition, Gene Larrimore, testified on the bill.
6:30:00 PM Audubon Society, Susan Solterman, testified on the bill.
6:36:19 PM Minneapolis Audubon, President, Jerry Bahl testified on the bill.
6:40:56 PM Friends of the Boundary Waters Canoe Area Wilderness, Sean Wherley, testified on the bill.
6:46:31 PM Minnesota Environmental Partnership, Gary Botzek, testified on the bill.
6:51:51 PM Polaris tester & 4th generation private landowner, Dean Hedlund, testified on the bill.
6:59:54 PM Minnesota Four Wheel Drive Association, Dan Larson, testified on the bill.
7:01:25 PM All Terrain Vehicle Association of Minnesota (ATVAM), Dave Hendricks, testified on the bill.
7:04:57 PM ATVAM, Ray Bohn, testified on the bill.
7:11:19 PM ATVAM, Director, Dustin Young, testified on the bill.
7:17:30 PM Rep. Hackbarth moved the H1547A13 amendment.
7:18:45 PM ATVAM, Ray Bohn, explained the amendment.
Rep. Hackbarth incorporated the following oral amendment:

Page 1, after line 1 insert
Page 2, line 22, after "equipment" insert "from the division of Trails & Waterways"

7:19:53 PM Rep. Hackbarth renewed his motion to adopt the H1547A13 amendment.

THE MOTION PREVAILED

7:19:59 PM Rep. Hackbarth moved the H1547A12 amendment.

THE MOTION PREVAILED

7:20:21 PM Rep. Penas moved the A05-0246 amendment.
7:22:22 PM Deputy Commissioner, DNR, Mark Holsten, testified to the amendment..
7:23:56 PM Rep. Dill assumes the gavel.
7:28:56 PM Rep. Hackbarth resumes the gavel.
7:45:44 PM Rep. Penas renewed her motion to adopt the A05-0246 amendment.

THE MOTION PREVAILED

7:46:02 PM Rep. Dill moved the A05-0276 amendment.
7:48:53 PM Rep. Dill incorporated the following oral amendment:

Page1, line 4 after "right - of - way" insert "at the end of a private driveway"

Rep. Dill renewed his motion to adopt the A05-0276 amendment.

THE MOTION PREVAILED

7:49:18 PM Rep. Hoppe moved the H1547A4 amendment.
7:50:31 PM Minnesota Center for Environmental Advocacy, Matt Norton, testified to the amendment.
7:52:17 PM Rep. Hoppe renewed his motion to adopt the H1547A4 amendment.

THE MOTION DID NOT PREVAIL

7:52:37 PM Rep. Scalze called for a division.

There being 9 Ayes and 7 Nays:

THE MOTION PREVAILED

7:55:57 PM Rep. Hansen moved the H1547A5 amendment.
7:56:10 PM DNR, Col. Mike Hamm, testified on the amendment.
8:01:31 PM Deputy Commissioner – DNR, Mark Holsten, answered questions.
8:04:46 PM Rep. Hansen withdrew his H1547A5 amendment.
8:05:02 PM Rep. Scalze moved the H1547A6 amendment.

THE MOTION DID NOT PREVAIL

8:08:35 PM Rep. Scale called for a division.

There being 7 Ayes and 11 Nays:

THE MOTION DID NOT PREVAIL

8:09:18 PM Rep. Mariani moved the H1547A8 amendment.
8:15:21 PM Four Wheel Drive Association, Dan Larson, answered questions.
8:19:30 PM Rep. Mariani incorporated the following oral amendment to read as follows :

Page 1, line 6 delete "or rules"
Page 1, line 7 delete all up to "is"

Rep. Mariani called for a roll call.
8:25:16 PM



AYES NAYS
Cox, Ray Hackbarth, Tom
Kelliher, Margaret Blaine, Greg
Hansen, Rick Cornish, Tony
Mariani, Carlos Dill, David
Poppe, Jeanne Hoppe, Joe
Scalze, Bev Hortman, Melissa
Wagenius, Jean McNamara, Denny
Welti, Andy Nornes, Bud
Penas, Maxine
Tingelstad, Kathy
Westrom, Torrey

There being 8 Ayes and 11 Nays:


THE MOTION DID NOT PREVAIL

8:26:48 PM Trout Unlimited, Kevin Beechler, testified on the bill.
8:38:44 PM Deputy Commissioner – DNR, Mark Holsten answered questions.
8:47:32 PM Rep. Wagenius moved the H1547A9 amendment.

THE MOTION DID NOT PREVAIL

8:48:51 PM Rep. Kelliher called for a division.

There being 8 Ayes and 9 Nays:

THE MOTION DID NOT PREVAIL

8:49:37 PM Rep. Kelliher moved the H1547A10 amendment.
8:50:47 PM Rep. Kelliher moved to incorporate the oral amendment to read as follows:

Delete first page up to Sect. 18 on page 2
8:51:41 PM Rep. Kelliher explained the amendment.
8:52:45 PM Rep. Kelliher renewed her motion to adopt the H1547A10 amendment.

THE MOTION DID NOT PREVAIL

Rep. Kelliher called for a division.

There being 8 Ayes and 10 Nays:

THE MOTION DID NOT PREVAIL

8:53:59 PM Rep. Cox moved the H1547A11 amendment.
8:54:10 PM Rep. Cox incorporated an oral amendment to read as follows:

Page 2, line 7 after "84.803" insert "except for those areas designated before June 1, 2005"

8:54:52 PM Rep. Cox explained the amendment.
8:55:55 PM Rep. Cox renewed his motion to adopt the H1547A11 amendment.

THE MOTION DID NOT PREVAIL

8:56:48 PM Rep. McNamara moved to reconsider the H1547A4 amendment.

THE MOTION PREVAILED

8:58:37 PM Rep. Wagenius called for a division to reconsider the H1547A4 amendment.

There being 10 AYES and 9 NAYS

THE MOTION PREVAILED

9:00:56 PM Rep. Hoppe moved to adopt the H1547A4 amendment.

THE MOTION DID NOT PREVAIL
Rep. Kelliher called for a division on the H1547A4 amendment.

There being 10 AYES and 9 NAYS :

THE MOTION PREVAILED

9:01:45 PM Rep. Kelliher moved to reconsider the A05-0246 amendment.

THE MOTION PREVAILED

9:03:16 PM Deputy Commissioner – DNR, Mark Holsten answered questions.
9:06:36 PM Rep. Penas moved the A05-0246 amendment.

THE MOTION PREVAILED


Rep. Wagenius called for a division.

There being 11 Ayes and 9 Nays:

THE MOTION PREVAILED

9:09:00 PM Rep. Cox moved an oral amendment to read as follows:

Page 15, line 7 delete "shall" insert "may"

THE MOTION DID NOT PREVAIL

Rep. Kelliher called for a division.

There being 8 Ayes and 9 Nays:

THE MOTION DID NOT PREVAIL

9:12:33 PM Rep. Hackbarth renewed his motion that HF1547 be recommended to pass, as amended, and be re-referred to the Committee on Government Operations and Veterans Affairs.

THE MOTION PREVAILED

9:13:00 PM FIFTEEN MINUTE BREAK
9:36:38 PM The Chair brings meeting back to order.
9:36:48 PM HF1467 (Hackbarth) Minnesota Conservation Heritage Foundation established, Legislative Commission on Minnesota Resources eliminated, revenues distributed, and money appropriated

Rep. Hackbarth moved that HF1467 be recommended to pass and be re-referred to the Committee on Government Operations and Veterans Affairs.
9:37:26 PM Deputy Commissioner – DNR, Mark Holsten, explained the bill.
9:41:03 PM Rep. Cox assumes the gavel.
9:41:52 PM Rep. Hackbarth resumes gavel.
10:26:03 PM Minnesota Nature Conservancy, Allison Wolf, testified on the bill.
10:28:15 PM Rep. Cox assumes the gavel.
10:31:43 PM Pheasants Forever, Joe Duggan, testified on the bill.
10:48:40 PM Deputy Commissioner – DNR, Mark Holsten answered questions.
10:49:28 PM Rep. Hackbarth resumes the gavel.
10:59:27 PM Minnesota Center for Environmental Advocacy, John Curry testified on the bill.
11:11:44 PM Minnesota Recreation and Parks Association, William Morris, testified on the bill.
11:15:30 PM Executive Director, Parks & Trails Council of Minnesota, Dorian Grilley, testified on the bill.
11:16:52 PM Minnesota Outdoor Heritage Alliance (MOHA), President, John Shores, testified on the bill.
11:20:28 PM Former State Senator, Bob Lessard, testified on the bill.
11:29:02 PM Rep. Wagenius called for a roll call.
11:31:52 PM Rep. Hackbarth renewed his motion that HF1467 be recommended to pass and be re-referred to the Committee on Government Operations and Veterans Affairs.
11:33:21 PM


AYES NAYS
Hackbarth, Tom Kelliher, Margaret
Cox, Ray Hortman, Melissa
Blaine, Greg Mariani, Carlos
Cornish, Tony McNamara, Denny
Dill, David Poppe, Jeanne
Hansen, Rick Scalze, Bev
Hoppe, Joe Tinglestad, Kathy
Nornes, Bud Wagenius, Jean
Ozement, Dennis
Penas, Maxine
Welti, Andy
Westrom, Torrey



There being 12 Ayes and 8 Nays:

THE MOTION PREVAILED

11:33:42 PM The Chair made announcements about the next meeting.
11:33:54 PM The meeting adjourned.


REP. TOM HACKBARTH, CHAIR


Joan Harmon
Committee Legislative Assistant