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Local Government

NINETEENTH MEETING

2005-2006 Regular Session - March 21, 2005

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

LOCAL GOVERNMENT COMMITTEE

MINUTES


Representative Mark Olson, Chair of the Local Government Committee, called the nineteenth meeting to order at 12:35 P.M. on Monday, March 21, 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
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


Member Absent:

HILSTROM, Debra

A quorum was present.


WARDLOW, Lynn moved the Minutes of March 21, 2005 be approved as prepared by the Clerk. THE MOTION PREVAILED


HF1555 (Powell) Minnesota Emergency Health Powers Act and authority of out-of-state license holders modified.

PETERSON, Neil moved HF1555 be recommended to pass and be re-referred to the Committee on Civil Law and Elections.

The following provided testimony on and responded to the Committee’s questions regarding HF1555:

Representative Duke Powell; Aggie Leitheiser, Assistant Commissioner, Health Protection Bureau, MN Department of Health, 85 7th Place E, St. Paul, MN, 55101; Rena McManus (1026 Victoria Court, Mendota Heights, MN, 55118), on behalf of the Local Public Health Association of MN, 125 Charles Av, St. Paul, MN, 55103-2108, the Association of Minnesota Counties, 125 Charles Av, St. Paul, MN, 55103-2108, and the Metropolitan Inter-County Association, 161 St. Anthony, Suite 850, St. Paul, MN, 55103.
Twila Braise, President, Citizens’ Council on Health Care, 954 University Av W, Suite 8, St. Paul, MN, 55104; and Tom Pritchard, President, MN Family Council, 2855 Anthony Lane S, #150, Minneapolis MN, 55418-3265.

ANDERSON, Bruce moved to recommend HF1555 be amended as follows:

Page 1, line 24, delete "but may include a licensed health care facility only"
Page 1, line 25, delete "when other alternatives are not feasible"
Page 8, line 15, delete "and"
Page 8, line 15, after "11" insert ", 18, and 19"

The Anderson Motion Did Not Prevail

PETERSON, Neil moved to recommend HF1555 be amended as follows:

(see A05-0312 attached)

The Peterson Motion Prevailed

There being no further testimony, pro or con, the question re-occurred on the Peterson Motion as amended to recommend HF1555 be amended, and when so amended be recommended to pass and be re-referred to the Committee on Civil Law and Elections. THE MOTION PREVAILED


SF0471/HF0701 (Blaine) Regional development commissions’ power to get and use real or personal property expanded.

OLSON, Mark moved SF0471 be recommended to pass.

The following provided testimony on and responded to the Committee’s questions regarding SF0471:

Representative Greg Blaine; and, Bob Hutton, Executive Director, Region 5 Development Commission, 611 Iowa Av NE, Staples, MN, 56479, on behalf of the MN Regional Development Organizations.

HOLBERG, Mary Liz moved to recommend SF0471 be amended as follows:

Page 1, line 11, strike ", wherever located in the"
Page 1, line 12, strike "state"

The Holberg Motion Prevailed

There being no further testimony, pro or con, the question re-occurred on the Olson Motion as amended to recommend SF0471 be amended, and when so amended be recommended to pass. THE MOTION PREVAILED


HF1365 (Thissen) Municipal solid waste service business inverse condemnation authorized when a governmental entity occupies the market.

OLSON, Mark moved HF1365, the first engrossment, be recommended to pass.

OLSON, Mark moved to recommend HF1365, the first engrossment, be amended as follows:

(see H1365-A3 attached)

The Olson Motion Prevailed

OLSON, Mark moved to recommend HF1365, the first engrossment, be further amended as follows:

(see H1365-A4 attached)

The Olson Motion Prevailed

The following provided testimony on and responded to the Committee’s questions regarding HF1365, the first engrossment, as amended:

Representative Paul Thissen; Mark Stoltman (5707 Turtle Lake Rd, Shorview, MN, 55126), General Manager, Randy’s Sanitation, Inc., 4351 U S Hwy 12 SE, P.O. Box 169, Delano, MN, 55328, and Donald Williamson (2015 5th St SW, Willmar, MN, 56201), President/Owner, West Central Sanitation, 4089 Abbott Dr, P.O. Box 796, Willmar, MN, 56201, both on behalf of their respective businesses and as members of the National Solid Wastes Management Association, 4301 Connecticut Av NW, Suite 300, Washington, DC, 20008-2304.
Rick Mowska (1080 Pioneer Rd, Red Wing, MN, 55066), Deputy Director, Department of Public Works, City of Red Wing, 229 Tyler Rd N, Red Wing, MN, 55066; Bill Heaney (110 Cherry St W, Stillwater, MN, 55082), on behalf of the MN Resources Recovery Association, 477 Selby Av, St. Paul, MN, 55102; Craig Johnson, Intergovernmental Relations Representative, League of Minnesota Cities, 145 University Av W, St. Paul, MN, 55103-2044; and, David Benke, Manager, Strategic Directions, MN Office of Environmental Assistance, 520 Lafayette Rd N, Second Floor, St. Paul, MN, 55155-4100.

Without objection HF1365 and the Olson Motion as amended were Laid On The Table.


Without objection the Committee recessed, to reconvene at 4:30 P.M. on March 21, 2005 in Room 300 South of the State Office Building.

Representative Mark Olson, Chair of the Local Government Committee, reconvened the nineteenth meeting at 6:16 P.M. on March 21, 2005 in Room 500 South of the State Office Building.


HF1365 (Thissen) Municipal solid waste service business inverse condemnation authorized when a governmental entity occupies the market (continued).

Without objection HF1365 and the Olson Motion as amended (to recommend that HF1365, the first engrossment, be amended, and when so amended, be recommended to pass) were again before the Committee.

OLSON, Mark moved to recommend HF1365, the first engrossment, be further amended as follows:

(see H1365A5 attached)

The following provided testimony on and responded to the Committee’s questions regarding HF1365, the first engrossment, as amended and the Olson Motion to further amend:

Representative Paul Thissen; and, Trudy Richter, Executive Director, MN Resources Recovery Association, 477 Selby Av, St. Paul, MN, 55102.

HORNSTEIN, Frank moved to amend the Olson Motion to recommend further amendment as follows:

Page 1, line 3, delete "or a materials recovery facility"

The Hornstein Motion to amend Did Not Prevail.


The Olson Motion to recommend HF1365, the first engrossment, be further amended Did Not Prevail.

The following responded to the Committee’s questions regarding HF1365, the first engrossment, as amended:

Representative Paul Thissen; Doug Carnival (737 Goodrich Av, St. Paul, MN, 55105), on behalf of the National Solid Wastes Management Association (see above); and Craig Johnson, League of Minnesota Cities (see above).

There being no further testimony, pro or con, the question re-occurred on the Olson Motion as amended, to recommend HF1365, the first engrossment, be amended, and when so amended, be recommended to pass. THE MOTION PREVAILED


HF1390 (Vandeveer) Local governments authorized to purchase aerial platform fire trucks using certificates of indebtedness with ten-year terms.

Olson, Mark moved HF1390 be recommended to pass and be re-referred to the Committee on Taxes.

The following provided testimony on and responded to the Committee’s questions regarding HF1390:

Representative Ray Vandeveer; and, Jim Compton (4741 126th Street Ct N, White Bear Lake, MN, 55110), Chief, City of Hugo Fire Department, 5323 140th St, Hugo, MN, 55038.

There being no further testimony, pro or con, the question re-occurred on the Olson Motion to recommend HF1390 pass and be re-referred to the Committee on Taxes. THE MOTION PREVAILED

HF1480 (Lieder) Red Lake County drainage system outlet fee authorized for drainage originating in Pennington County.

PAYMAR, Michael moved HF1480 be recommended to pass.

Representative Bernie Lieder provided testimony on and responded to the Committee’s questions regarding HF1480.

There being no further testimony, pro or con, the question re-occurred on the Paymar Motion that HF1480 be recommended to pass. THE MOTION PREVAILED


HF1525 (Kahn) Political subdivision pay equity reporting requirements modified.

PAYMAR, Michael moved HF1525 be recommended to pass.

The following provided testimony on and responded to the Committee’s questions regarding HF1525:

Representative Phyllis Kahn; Faith Cwemke, Pay Equity Coordinator, MN Dept. of Employee Relations, 200 Centennial Office Bldg, 658 Cedar St, St. Paul, MN, 55155; Patty Tanji (1467 Pond Wynde N, Eagan, MN, 55122), on behalf of the Pay Equity Coalition of Minnesota, 550 Rice St, St. Paul, MN, 55101.
Laura Offerdahl, , Intergovernmental Relations Representative, League of Minnesota Cities, 145 University Av W, St. Paul, MN, 55103-2044.

There being no further testimony, pro or con, the question re-occurred on the Paymar Motion that HF1525 be recommended to pass. THE MOTION PREVAILED


HF0815 (Kahn) City councils required to vote on charter commission recommendations for charter amendments by ordinance.

PAYMAR, Michael moved HF0815 be recommended to pass and be re-referred to the Committee on Civil Law and Elections.

Representative Phyllis Kahn provided testimony on and responded to the Committee’s questions regarding HF0815.

There being no further testimony, pro or con, the question re-occurred on the Paymar Motion that HF0815 be recommended to pass and be re-referred to the Committee on Civil Law and Elections. THE MOTION PREVAILED


HF1595 (Emmer) Hennepin and Wright County Boards authorized to initiate a process for the change of boundaries by resolution.

CHARRON, Mike moved HF1595 be recommended to pass.

The following provided testimony on and responded to the Committee’s questions regarding HF1595:

Representative Tom Emmer; Michael Beyer (6611 Oakwood St, Rockford, MN, 55373), Mayor, and Greg Stassen (6041 Terrace Ct, Rockford, MN, 55373), Fire Chief, City of Rockford, 6031 Main St, Rockford, MN, 55373.

There being no further testimony, pro or con, the question re-occurred on the Charron Motion that HF1595 be recommended to pass. THE MOTION PREVAILED


Without objection the meeting was adjourned at 7:51 P.M.


REP. MARK D. OLSON, CHAIR


Dave Easterday
Committee Legislative Assistant