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Local Government

TWENTY-SECOND MEETING

2005-2006 Regular Session - April 04, 2005

STATE OF MINNESOTA TWENTY-SECOND MEETING
HOUSE OF REPRESENTATIVES EIGHTY-FOURTH SESSION

LOCAL GOVERNMENT COMMITTEE

MINUTES


Representative Mark Olson, Chair of the Local Government Committee, called the twenty-second meeting to order at 12:38 P.M. on Monday, April 4, 2005, in Room10 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.


HF1949 (Opatz) Stearns, Benton, and Sherburne County Boards initiation of process for the change of county boundaries by resolution authorized.

OLSON, Mark moved HF1949 be recommended to pass.

The following provided testimony on and responded to the Committee’s questions regarding HF1949:

Representative Joe Opatz; Dewayne Mareck (1422 Poppy Rd, St. Cloud, MN, 56303), Councilman, St. Cloud City Council, 400 Second St S, St Cloud, MN,56301; and, Teresa Bohnen (3287 Co Rd 115, St. Cloud, MN, 56301), President, St. Cloud Area Chamber of Commerce, 110 Sixth Av S, St. Cloud, MN, 56301.

There being no further testimony, pro or con, the question re-occurred on the Olson Motion that HF1949 be recommended to pass. THE MOTION PREVAILED.


HF1917 (Tingelstad) Local government investment of funds in certain securities authorized.

OLSON, Mark moved HF1917 be recommended to pass and be re-referred to the Committee on Taxes.

At the request of the Chief Author, WARDLOW, Lynn moved to recommend HF1917 be amended as follows:

Page 1, line 20, after "a" insert "Minnesota"

The Wardlow Motion Prevailed.

The following provided testimony on and responded to the Committee’s questions regarding HF1917 as amended:

Representative Kathy Tingelstad; and, Sharon Legg, City of Coon Rapids, 11155 Robinson Dr NW, Coon Rapids, MN, 55433.

There being no further testimony, pro or con, the question re-occurred on the Olson Motion as amended to recommend HF1917 be amended, and when so amended, be recommended to pass and be re-referred to the Committee on Taxes. THE MOTION PREVAILED.


HF1309 (Lanning) Watershed district manager compensation increased, board elections provided, and land entry clarified.

LANNING, Morrie moved HF1309 be recommended to pass.

LANNING, Morrie moved to recommend HF1309 be amended as follows:

(see A05-0326 attached)

The Lanning Motion Prevailed.

The following provided testimony on and responded to the Committee’s questions regarding HF1309:

Representative Morrie Lanning; Jay D. Carlson (15 Broadway, Suite 206, P.O. Box 448, Fargo, ND 58107) on behalf of the Cormorant Lakes Watershed District, 11798 Nels Erickson LN, Pelican Rapids, MN, 56572; and, Roger Ellefson (124 58th St, Barnesville, MN, 56514), Chair, Buffalo-Red River Watershed District Board, 123 Front St, P.O. Box 341, Barnesville, MN, 56514.

LANNING, Morrie move to recommend HF1309 be further amended as follows:

Page 3, line 2, after "authorization" insert "on their person"

The Lanning Motion Prevailed.

There being no further testimony, pro or con, the question re-occurred on the Lanning Motion as amended to recommend HF1309 be amended, and when so amended, be recommended to pass. THE MOTION PREVAILED.


HF1438 (McNamara) State forest roads official map provided as alternative recording method for prescriptive easements.

GAROFALO, Pat moved HF1438, the first engrossment, be recommended to pass and be re-referred to the Committee on Civil Law and Elections.

At the request of the Chief Author, GAROFALO, Pat moved to recommend HF1438, the first engrossment, be amended as follows:

(see A05-0376 attached)

The Garofalo Motion Prevailed.

The following provided testimony on and responded to the Committee’s questions regarding HF1438, the first engrossment, as amended:

Representative Denny McNamara; Bob Tomlinson, Assistant Director, Division of Forestry, MN Department of Natural Resources, 500 Lafayette Rd , Box 44, St Paul, MN, 55155; and, Bruce Cox (Land Commissioner, Clearwater County, 213 Main Av N, Department 107, Bagley, MN, 56621), President, MN Association of County Land Commissioners (% Bruce Cox, above).
.

SCALZE, Bev moved to recommend HF1438, the first engrossment as amended, be further amended as follows:

Page 2, line 16, after "by" insert "certified"

The Scalze Motion Prevailed.

OLSON, Mark moved to recommend HF1438, the first engrossment as amended, be further amended as follows:

Page 3, line 6, after "record" insert "or exclude recording"
Page 3, line 10, after "affect" insert "or diminish"

The Olson Motion Prevailed.

There being no further testimony, pro or con, the question re-occurred on the Garofalo Motion as amended to recommend HF1438, the first engrossment, 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.


HF1993 (Powell) Metropolitan Radio Board earlier responsibility transfer date provided.

PETERSON, Neil moved HF1993 be recommended to pass and be re-referred to the Committee on Public Safety Policy and Finance.

The following provided testimony on and responded to the Committee’s questions regarding HF1993:

Representative Duke Powell; and Ron Whitehead, Project Manager, Minnesota’s Allied Radio Matrix for Emergency Response/911 Program, MN Department of Public Safety, 444 Cedar St, Suite 137, St Paul, MN, 55101-5137.

There being no further testimony, pro or con, the question re-occurred on the Peterson Motion that HF1993 be recommended to pass and be re-referred to the Committee on Public Safety Policy and Finance. THE MOTION PREVAILED.


HF2028 (Heidgerken) Pope County recorder and auditor-treasurer offices provided by appointment.

WARDLOW, Lynn moved HF2028 be recommended to pass.

Representative Heidgerken provided testimony on and responded to the Committee’s questions regarding HF2028.

There being no further testimony, pro or con, the question re-occurred on the Wardlow Motion that HF2028 be recommended to pass. THE MOTION PREVAILED.


Without objection the Committee recessed at 2:37 P.M., to reconvene at 6:00 P.M., April 4, 2005 in Room 500 South of the State Office Building.


Representative Mark Olson, Chair of the Local Government Committee, reconvened the twenty-second meeting at 6:08 P.M. on April 4, 2005 in Room 500 South of the State Office Building.


**HF2042 (Cornish) Project Riverbend Board eliminated.

CORNISH, Tony moved HF2042, the first engrossment, be recommended to pass.

The following provided testimony on and responded to the Committee’s questions regarding HF2042, the first engrossment:

Representative Tony Cornish; and, Tina Rosenstein, Director, Environmental Services Department, Nicollet County, 501 Minnesota Av S, St. Peter, MN, 56082.

There being no further testimony, pro or con, the question re-occurred on the Cornish Motion that HF2042, the first engrossment, be recommended to pass. THE MOTION PREVAILED.



HF2040 (Magnus) County economic development authority nine-member boards authorized.

OLSON, Mark moved HF2040 be recommended to pass.

Representative Magnus provided testimony on and responded to the Committee’s questions regarding HF2040.

There being no further testimony, pro or con, the question re-occurred on the Olson Motion that HF2040 be recommended to pass. THE MOTION PREVAILED.


HF2318 (Dempsey) Meetings of county boards at locations other than the county seat.

OLSON, Mark moved HF2318 be recommended to pass.

The Chair called Representative Lanning to the Chair.

The following provided testimony on and responded to the Committee’s questions regarding HF2318:

Representative Jerry Dempsey; and, Robert Davis, Veterans Service Officer and Legislative Liaison, Goodhue County, 509 5th St W, Red Wing, MN, 55066.

There being no further testimony, pro or con, the question re-occurred on the Olson Motion that HF2318 be recommended to pass. THE MOTION PREVAILED.


HF1994 (Moe) Shared hospital or ambulance service purchasing provision modified.

HORNSTEIN, Frank moved HF1994 be recommended to pass.

The following provided testimony on and responded to the Committee’s questions regarding HF1994:

Representative Frank Moe; Gary Wingrove (1312 Lakeside Cir, Buffalo, MN, 55313), Director , Government Relations, North Central EMS Cooperative, 2800 7th St N, PO Box 2286, St. Cloud, Minnesota 56302.

Representative Olson resumed the Chair.

The Chair called Representative Hilstrom to the Chair.

There being no further testimony, pro or con, the question re-occurred on the Hornstein Motion that HF1994 be recommended to pass. THE MOTION PREVAILED.


HF2131 (Gunther) Counties authorized to issue capital improvement bonds for rehabilitation or demolition of tax-forfeited commercial property.


ANDERSON, Bruce moved HF2131 be recommended to pass and be re-referred to the Committee on Taxes.

Representative Olson resumed the Chair.

Representative Bob Gunther provided testimony on and responded to the Committee’s questions regarding HF2131.

There being no further testimony, pro or con, the question re-occurred on the Anderson Motion that HF2131 be recommended to pass and be re-referred to the Committee on Taxes. THE MOTION PREVAILED.


HF1973 (Gunther) Metropolitan area county formation of economic development authorities authorized.

MARQUART, Paul moved HF1973 be recommended to pass.

The following provided testimony on and responded to the Committee’s questions regarding HF1973:

Representative Bob Gunther; Carol Lovro (9415 Van Buren St NE, Blaine, MN, 55434), Policy Analyst, Association of MN Counties, 125 Charles Av, St. Paul, MN, 55103-2108; and, Kathy Hohne (2200 Wells Fargo Center, 90 7th St S, Minneapolis, MN, 55402) on behalf of the Dakota County Community Development Agency, 1228 Town Centre Dr, Eagan, MN, 55123.

Without objection, HF1973 and the Marquart Motion were laid on the table.


HF0691 (Newman) Public bodies contract performance bond requirement removed.

OLSON, Mark moved HF0691 be recommended to pass.

The following provided testimony on and responded to the Committee’s questions regarding HF0691:

Representative Scott Newman; and, Marc Sebort, City Attorney, City of Hutchinson, 111 Hassan St SE, Hutchinson, MN, 55350.

HOSCH, Larry moved to recommend HF0691 be amended as follows:

Page 1, line 25, after "contract" insert "which is bid solely upon by public bodies"

GAROFALO, Pat moved HF0691 and the Olson Motion, including the pending Hosch Motion to amend, be laid on the table. The Garofalo Motion Prevailed


HF1973 (cont.)

Without objection, HF1973 and the Marquart Motion that HF1973 be recommended to pass was taken from the table.

At the request of the Chief Author, MARQUART, Paul moved to recommend HF1973 be amended as follows:

Page 1, line 10, after the stricken "area" insert ", other than Carver, Dakota and Scott counties,"

Margaret Langfeld (12002 Vermillion St NE, Blaine, MN, 55449), Chair, Anoka County Board of Commissioners, 2100 3rd Av, Anoka, MN, 55303 also provided testimony on and responded to the Committee’s questions regarding HF1973.

Without objection the Marquart Motion to amend was withdrawn.

*HILSTROM, Debra moved to direct staff to create a new subdivision naming special laws applicable to Dakota, Carver and Scott counties and include a recommendation that HF1973 be amended so as to include that new subdivision in the Committee’s Report.

With procedural concerns raised by the Chair, the Chair requested unanimous consent to consider the motion. There were no objections; the Hilstrom Motion was placed before the Committee for its consideration.

The Hilstrom Motion Prevailed.

There being no further testimony, pro or con, the question re-occurred on the Marquart Motion as amended to recommend that HF1973 be amended, and when so amended, be recommended to pass. THE MOTION PREVAILED.


HORNSTEIN, Frank moved the Minutes of April 1, 2005, be approved as corrected by the Clerk. THE MOTION PREVAILED.


Without objection the meeting was adjourned at 7:39 PM.



****NOTES****

*Pursuant to the Hilstrom Motion regarding, and the Committee’s action on, HF1973, the following recommendation, drafted by House Research and reviewed by the Chair, the Chief Author of the bill, the Lead Minority Member, and by the Clerk, to amend HF1973, was included in the Committee’s Report: (see H1973A1 attached)


**After this meeting adjourned, it was discovered that HF2042 [(Cornish) Project Riverbend Board eliminated.] had not yet been referred to the Committee, was not in the Committee’s possession, and therefore, the Committee could not act on the bill. Staff was under the impression that the bill had been re-referred to the Committee during the floor session on the afternoon of Monday, April 4th. – that was not the case. Therefore, the action the Committee took on HF2042 was not valid and no report to the House will be made based on that action.



REP. MARK D. OLSON, CHAIR



Dave Easterday
Committee Legislative Assistant