STATE OF MINNESOTA EIGHTEENTH MEETING
HOUSE OF REPRESENTATIVES EIGHTY-FOURTH SESSION
LOCAL GOVERNMENT COMMITTEE
MINUTES
Representative Mark Olson, Chair of the Local Government Committee, called the eighteenth meeting to order at 12:35 P.M. on Wednesday, March 16, 2005, in Room 10 of the State Office Building.
The Clerk noted the roll.
Members present:
OLSON, Mark (Chair)
LANNING, Morrie (Vice-Chair)
ANDERSON, Bruce
CHARRON, Mike
CORNISH, Tony
GAROFALO, Pat
HILSTROM, Debra
HOLBERG, Mary Liz
HORNSTEIN, Frank
HOSCH, Larry
LENCZEWSKI, Ann
MARQUART, Paul
PAYMAR, Michael
PETERSON, Neil
POPPE, Jeanne
SAMUELSON, Char
SCALZE, Bev
THAO, Cy
WARDLOW, Lynn
A quorum was present.
HF826 (Ozment) The Clean Water Legacy Act: Clean Water Legacy Act established providing authority, direction, and funding to achieve and maintain water quality standards for surface waters in accordance with the federal Clean Water Act, and money appropriated. (continued from March 14)
HF0826 and the Olson Motion that HF0862, the second engrossment, be recommended to pass and be re-referred to the Committee on Agriculture, Environment and Natural Resources Finance was again before the Committee.
The following provided testimony on and responded to the Committee’s questions regarding HF0826, the second engrossment:
Mike Robertson (8064 Enclare Circle, St. Paul, MN, 55125), Environment Policy Consultant, on behalf of the MN Chamber of Commerce, 400 Robert St N, Suite 1500, St. Paul, MN, 55101; John Curry, Legislative Director, Minnesota Center for Environmental Advocacy, 26 Exchange St E, Suite 206, St. Paul, MN, 55101; Lisa Thorvig, Assistant Commissioner, MN Pollution Control Agency, 520 Lafayette Rd, St. Paul, MN, 55155-4194; Representative Dennis Ozment; Craig Johnson, Intergovernmental Relations Representative, League of Minnesota Cities, 145 University Av W, St. Paul, MN, 55103-2044.
Warren Nelson, 32387 Teal Av, Shafer, MN, 55074; Michael Darling, 53285 Falcon Av N, P.O. Box 521, Rush City, MN, 55069; John Stignani, 13150 Sylvan Av, Lindstrom, MN, 55045.
At the request of the Author and without objection the Olson Motion was withdrawn.
CHARRON, Mike moved the Minutes of March 14, 2005 be approved as prepared by the Clerk. THE MOTION PREVAILED
PETERSON, Neil moved HF0826, the second engrossment, be recommended to pass and be re-referred to the Committee on Agriculture, Environment and Natural Resources Finance.
MARQUART, Paul moved to recommend HF0826, the second engrossment, be amended as follows:
(see H0826A1 attached)
The Marquart Motion Prevailed
HOSCH, Larry moved to recommend HF0826, the second engrossment, be further amended as follows:
(see H0826A22 attached)
At the request of the Author and without objection the following amendment to the Hosch Amendment was adopted:
Page 1, line 6 after "consult" insert "or contract"
The following provided testimony on and responded to the Committee’s questions regarding HF0826 and the Hosch Amendment as amended:
Kari Thurlow and Tom Kunlz (945 22nd Av SE, Owatonna, MN, 55060), Mayor of the City of Owatonna and Chair of the Coalition of Greater Minnesota Cities’ Environment Committee, both on behalf of the Coalition of Greater Minnesota Cities, 525 Park St, Suite 470, St. Paul, MN, 55103; and, Representative Dennis Ozment.
Without objection HF0862 and the Peterson Motion as amended, including the pending Hosch Amendment as amended, were Laid On The Table
Without objection the Committee recessed, to reconvene at 7:00 P.M. on March 16, 2005 in Room 500S of the State Office Building.
Representative Olson, Chair of the Local Government Committee, reconvened the eighteenth meeting at 7:10 P.M. on March 16, 2005 in Room 5 of the State Office Building.
HF0915 (Beard) Aeronautics transportation provisions clarified.
CHARRON, Mike moved HF0915 be recommended to pass.
The following provided testimony on and responded to the Committee’s questions regarding HF0915:
Representative Mike Beard; and, Ray Rought, Director, Office of Aeronautics, MN Department of Transportation, 395 John Ireland Blvd, St. Paul, MN, 55155-1899.
There being no further testimony, pro or con, the question reoccurred on the Charron Motion that HF0915 be recommended to pass. THE MOTION PREVAILED
HF0894 (Cox) Public waters inventory authority, public waters work permit and water use permit provisions, and enforcement authority modified.
PETERSON, Neil moved HF0894, the first engrossment, be recommended to pass and be re-referred to the Committee on Agriculture and Rural Development.
CHARRON, Mike moved to recommend HF0894, the first engrossment, be amended as follows:
(see A05-258 attached)
The Charron Motion Prevailed
PETERSON, Neil moved to recommend HF0894, the first engrossment, be further amended as follows:
(see A05-289 attached)
The Peterson Motion Prevailed
The following provided testimony on and responded to the Committee’s questions regarding HF0894, the first engrossment, as amended:
Representative Ray Cox; and, Kent Lokkesmoe, Director, Division of Waters, MN Department of Natural Resources, 500 Lafayette Rd, St. Paul, MN, 55155.
There being no further testimony, pro or con, the question re-occurred on the Peterson Motion to recommend HF0894, the first engrossment, be amended, and when so amended, be recommended to pass and be re-referred to the Committee on Agriculture and Rural Development. THE MOTION PREVAILED
HF436 (McNamara) Natural Resources Department commissioner approval before vacating certain roads adjacent to public waters required and right of intervention created.
OLSON, Mark moved HF0436, the first engrossment, be recommended to pass.
OLSON, Mark moved to recommend HF0436, the first engrossment, be amended as follows:
Page 1, lines 21 and 22 strike "such" and insert "the"
Page 3, lines 33 and 35 strike "such" and insert "the"
Page 4, lines 4, 19, 22, 26, and 35 strike "such" and insert "the"
Page 2, line 26 strike "such"
Page 4, line 32 strike "such"
The following provided testimony on and responded to the Committee’s questions regarding HF0436, the first engrossment:
Representative Denny McNamara; Michael Martinez, Water Recreation Program Specialist, Division of Trails and Waterways, MN Department of Natural Resources, 500 Lafayette Rd, St. Paul, MN, 55155; and, Rob Vanasek (25076 Cedar Lake Dr E, New Prague, MN, 56071), on behalf of the MN Association of Townships, 805 Central Av E, P.O. Box 267, St. Michael, MN, 55376.
At the request of the Author and without objection the Olson Amendment was withdrawn.
At the request of the Chief Author and without objection the Olson Motion was amended to read “HF0436, the first engrossment, be recommended to pass and be re-referred to the Committee on Civil Law and Elections.”
There being no further testimony, pro or con, the question re-occurred on the Olson Motion as amended that HF0436, the first engrossment, be recommended to pass and be re-referred to the Committee on Civil Law and Elections. THE MOTION PREVAILED
HF826 (Ozment) The Clean Water Legacy Act: Clean Water Legacy Act established providing authority, direction, and funding to achieve and maintain water quality standards for surface waters in accordance with the federal Clean Water Act, and money appropriated. (continued)
Without objection testimony on amendments was limited to 5 minutes each for pro and con.
Without objection HF0826 and the Peterson Motion as amended, including the pending Hosch Amendment as amended, were again before the Committee.
At the request of Representative Hilstrom on behalf of the Author, and without objection the Hosch Amendment as amended was withdrawn.
MARQUART, Paul moved to recommend HF0826, the second engrossment, be further amended as follows:
(see H0826A27 attached)
The following provided testimony on and responded to the Committee’s questions regarding the Marquart Amendment:
Craig Johnson of the League of Minnesota Cities (see above) and Kari Thurlow of the Coalition of Greater Minnesota Cities (see above).
There being no further testimony, pro or con, the question re-occurred on the Marquart Motion to recommend HF0826, the second engrossment, be further amended. There being 6 yeas and 8 nays, the Marquart Motion Did Not Prevail
ANDERSON, Bruce moved to recommend HF0826, the second engrossment, be further amended as follows:
(see H0826A26 attached)
At the request of the Author and without objection the following amendment to the Anderson Amendment was adopted:
On line 5 of the amendment, delete "private"
Add a line 6 to read: Page 8, line 32, delete "private"
The following provided testimony on and responded to the Committee’s questions regarding the Anderson Amendment as amended:
Judith Erickson (17325 Pleasant Valley Rd, Shafer, MN, 55074) on behalf of the MN Association of Soil and Water Conservation Districts, 790 Cleveland
Av S, Suite 201, St. Paul, MN, 55116; Lisa Thorvig of the MN Pollution Control Agency (see above); and, Kari Thurlow of the Coalition of Greater Minnesota Cities (see above).
There being no further testimony, pro or con, the question re-occurred on the Anderson Motion as amended to recommend HF0826, the second engrossment, be further amended. The Anderson Motion Did Not Prevail
GARAFALO, Pat moved to recommend HF0826, the second engrossment, be further amended as follows:
(see H0826A28 attached)
The Garafalo Motion Prevailed
LANNING, Morrie moved to recommend HF0826, the second engrossment, be further amended as follows:
(see H0826A23 attached)
The following provided testimony on and responded to the Committee’s questions regarding the Lanning Amendment:
Louis Jambois, Executive Director, Association of Metropolitan Municipalities, 145 University Av W, St. Paul, MN, 55103-2044; Terry Kuhlman, Economic Development Manager, MN Department of Employment and Economic Development, and Executive Director, Minnesota Public Facilities Authority, 332 Minnesota St, E200, St. Paul, MN, 55101-1351; and, Kari Thurlow of the Coalition of Greater Minnesota Cities (see above).
At the request of the Author and without objection the following amendment to the Lanning Amendment was adopted:
Page 1, line 11, delete "3" and insert "5"
Page 1, line 12, delete "The" and insert "When money is appropriated for grants under this program, the"
Page 1, line 12, delete "must" and insert "shall"
Page 1, line 14, after "treatment" insert "or stormwater"
Page 1, line 18, delete "must" and insert "shall"
Page 1, line 24, delete "must" and insert "shall"
Page 2, line 10, delete "must" and insert "shall"
Page 2, line 21 after "treatment" insert "or stormwater"
Page 2, line 29 delete "must" and insert "shall"
Page 2, delete lines 32 through 36
Page 3, delete lines 1 through 36
Page 4, delete lines 1 through 6
There being no further testimony, pro or con, the question re-occurred on the Lanning Motion as amended to recommend HF0826, the second engrossment, be further amended. The Lanning Motion Prevailed.
ANDERSON, Bruce moves to recommend HF0826, the second engrossment, be further amended as follows:
(see H0826A24 attached)
At the request of the Author and without objection the Anderson Amendment was withdrawn.
ANDERSON, Bruce requested a Roll Call Vote on the Main Motion.
OLSON, Mark moved to recommend HF0826, the second engrossment, be further amended as follows:
Page 1, line 14, after "to", insert "restore"
Page 1, line 15, delete "restore"
Page 1, line 16, delete "achieve" and insert "restore"
Page 2, line 20, delete "achieve" and insert "restore"
Page 3, line 2, delete "achieved" and insert "restored"
The Olson Motion Prevailed.
OLSON, Mark moved to recommend HF0826, the second engrossment, be further amended as follows:
Page 4, line 29, delete "must" and insert "should"
At the request of the Author and without objection the Olson Amendment was withdrawn.
There being no further testimony, pro or con, the question re-occurred on the Peterson Motion as amended to recommend HF0826, the second engrossment, be amended, and when so amended, be recommended to pass and be re-referred to the Committee on Agriculture, Environment and Natural Resources Finance.
Those who voted in the affirmative:
CHARRON, Mike
CORNISH, Tony
GAROFALO, Pat
HILSTROM, Debra
HORNSTEIN, Frank
LANNING, Morrie
LENCZEWSKI, Ann
PAYMAR, Michael
PETERSON, Neil
POPPE, Jeanne
SAMUELSON, Char
SCALZE, Bev
WARDLOW, Lynn
Those who voted in the negative:
ANDERSON, Bruce
HOLBERG, Mary Liz
MARQUART, Paul
OLSON, Mark (Chair)
Those who did not vote:
HOSCH, Larry
THAO, Cy
There being 13 ayes and 4 nays, THE MOTION PREVAILED
The meeting was adjourned at 9:53 P.M.
REP. MARK D. OLSON, CHAIR
Dave Easterday
Committee Legislative Assistant