STATE OF MINNESOTA THIRTY-FIRST MEETING
HOUSE OF REPRESENTATIVES EIGHTY-FOURTH SESSION
COMMERCE & FINANCIAL INSTITUTIONS COMMITTEE
MINUTES
Representative Tim Wilkin, Chairman of the Commerce and Financial Institutions Committee, called the thirty-first meeting to order at 12:45 p.m. on Thursday, March 2, 2006, in Room 200 of the State Office Building.
The Clerk noted the roll.
House Members present:
WILKIN, Tim, Chair
GAZELKA, Paul, Vice-Chair
DAVIDS, Greg
GUNTHER, Bob
HAMILTON, Rod
HOWES, Larry
PEPPIN, Joyce
POWELL, Duke
SEVERSON, Dan
SIMPSON, Dean
SODERSTROM, Judy
VANDEVEER, Ray
ZELLERS, Kurt
ATKINS, Joe
CLARK, Karen
FRITZ, Patti
GOODWIN, Barb
JAROS, Mike
LIEBLING, Tina
LOEFFLER, Diane
MOE, Frank
MULLERY, Joe
RUKAVINA, Tom
SAILER, Brita
SERTICH, Tony
Excused: KOHLS, Paul
A quorum was present.
Rep. Atkins moved that the minutes from the meetings of April 12, 2005, and January 25, 2006, be approved.
THE MOTION PREVAILED.
HF1375 (Severson) Construction defects in residential housing causes of action regulated, and notice and opportunity to repair provided.
Rep. Wilkin moved that HF1375 be placed before the committee for reconsideration.
Rep. Severson moved to amend HF1375 with the H1375DE7 delete-all amendment.
Rep. Severson presented the H1375DE7 delete-all amendment.
Rep. Severson moved to orally amend the H1375DE7 delete-all amendment as follows:
Page 1, Lines 5 -7: Delete “Prior to pursuing any arbitration, legal, or equitable proceeding, which includes an allegation of breach of any of the warranties in this section,” and insert “Following notice under section 327A.03”
THE AMENDMENT WAS ADOPTED.
Rep. Goodwin moved to orally amend the H1375DE7 delete-all amendment as follows:
Page 1, Line 5: Delete “Condition to bringing claim,” and insert “Response from vendor to notice of claim.”
THE AMENDMENT WAS ADOPTED.
Rep. Severson renewed his motion to amend HF1375 with the H1375DE7 delete-all amendment.
THE H1375DE7 DELETE-ALL AMENDMENT WAS ADOPTED, AS AMENDED.
Rep. Goodwin moved to amend H1375DE7 with the HF1375A1 amendment.
Rep. Goodwin presented HF1375A1.
Testifying on HF1375A1:
Pam Perri Weaver, Exec. VP, Builders’ Association, MN
Nancy Johnson, MN Homewatch
Nancy Emerson, MN Homewatch
John Rossbach, Air Tamarack
Joel Carlson, MN Trial Lawyers’ Association
Rep. Goodwin renewed her motion to amend H1375DE7 with the HF13745A1 amendment.
Rep. Goodwin requested a roll call vote.
The following members voted in favor of the motion: CLARK, FRITZ, GOODWIN, JAROS, LIEBLING, LOEFFLER, MOE, MULLERY, RUKAVINA, SAILER, SERTICH
The following members voted against the motion: DAVIDS, GAZELKA, GUNTHER, HAMILTON, HOWES, PEPPIN, POWELL, SEVERSON, SIMPSON, SODERSTROM, VANDEVEER, WILKIN, ZELLERS
The following members were absent: ATKINS, KOHLS
THERE BEING 13 AYES, 11 NAYES: THE MOTION DID NOT PREVAIL.
Rep. Goodwin withdrew the H1375A2 amendment.
Rep. Goodwin moved to amend H1375DE7 with the HF1375A3 amendment.
Rep. Goodwin presented H1375A3.
Testifying on H1375A3:
Nancy Emerson, MN Homewatch
Nancy Johnson, MN Homewatch
Pam Perri Weaver, Exec. VP, Builders’ Association, MN
Rep. Goodwin renewed her motion to amend H1375DE7 with the HF1375A3 amendment.
Rep. Goodwin requested a roll call vote.
The following members voted in favor of the motion: FRITZ, GOODWIN, JAROS, LIEBLING, LOEFFLER, MOE, MULLERY, RUKAVINA, SAILER, SERTICH
The following members voted against the motion: DAVIDS, GAZELKA, GUNTHER, HAMILTON, HOWES, PEPPIN, POWELL, SEVERSON, SIMPSON, VANDEVEER, WILKIN, ZELLERS
The following members were absent: ATKINS, CLARK, KOHLS, SODERSTROM
THERE BEING 12 AYES, 10 NAYES: THE MOTION DID NOT PREVAIL.
Rep. Mullery moved to orally amend H1375DE7 as follows:
Page 1, Line 1.7: Following “the vendee must allow an inspection and opportunity to,” insert “offer to.”
THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.
Rep. Liebling moved to orally amend H1375DE7 as follows:
Page 1, Line 1.11: Delete “vendee’s written notice” and insert “written notice provided by the vendee.”
THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.
Rep. Severson renewed his motion that the H1375DE7 delete-all amendment be recommended to pass as amended and re-referred to the Committee on Civil Law and Elections.
THE MOTION PREVAILED.
The meeting was adjourned at 2:15 pm.
REP. TIM WILKIN, CHAIR
Tim Jacobson
Committee Legislative Assistant