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STATE OF MINNESOTA TWELFTH MEETING
HOUSE OF REPRESENTATIVES EIGHTY-EIGHTH SESSION

COMMITTEE ON COMMERCE AND CONSUMER PROTECTION FINANCE AND POLICY
Chair, Representative Joe Atkins

MINUTES

Representative Atkins, Chair of Committee on Commerce and Consumer Protection Finance and Policy, called the meeting to order at 4:08 PM on March 12, 2013 in the Basement Hearing Room of the State Office Building.

The Committee Legislative Assistant noted the roll.

Members present:
Atkins, Chair
Fritz, Vice Chair
Hoppe, Lead
Anderson, S.
Anzelc
Davids
Dehn
Falk
Halverson
Hilstrom
Hortman
Johnson, S.
Lillie
Loon
Sanders
Schoen
Sundin
Swedzinski
Theis
Woodard
Zellers

Members excused:
Slocum

A quorum was present

Rep. Dehn moved that the minutes from the meeting on March 6, 2013 be approved. THE MOTION PREVAILED.

HF648 (Davnie) Lender provisions regulated for those who use motor vehicle titles of the borrower as collateral.

Rep. Atkins moved HF648 be recommended to pass and re-referred to the General Register.

The following people gave testimony on HF648:

Rep. Jim Davnie
Ron Elwood, Legal Aid

Rep. Atkins moved the H0648DE1 amendment. THE AMENDMENT WAS ADOPTED.

Rep. Atkins moves that HF648 be recommended to pass, as amended, and re-referred to the General Register. THE MOTION PREVAILS.

HF462 (Poppe) Cellulosic ethanol production goal sunset date provided, definitions established, ethanol minimum content requirement converted to a biofuel requirement, petroleum replacement goal expanded, biofuels task force required, and E20 mandate language repealed.

Rep. Atkins moved that HF462 be recommended to pass and re-referred to the General Register.

The following people gave testimony on HF462:

Rep. Jeanne Poppe
Glen Johnston, Gero
Brian Kletcher, High Water Ethanol

Rep. Atkins moved the H0462A2 amendment. THE AMENDMENT WAS ADOPTED.

Rep. Atkins moved to orally amend HF462 by striking "2" from line 3.33 and inserting "1ii" in its place. THE AMENDMENT WAS ADOPTED.

Rep. Atkins moved that HF462 be recommended to pass, as amended, and re-referred to the General Register. THE MOTION PREVAILED.

HF92 (Winkler) Minimum wage regulated

Rep. Atkins moved that HF92 be recommended to pass and re-referred to the General Register.

The following people gave testimony on HF92:

Rep. Ryan Winkler
Nelson Inz, Minneapolis
Missi Smith, Server
Jaime Pfuhl, MN Grocers
Kenn Rockler, MN Tavern League
Matt Anderson, Bowling Proprieters
Donna Fahs
Dan McElroy, Hospitality Minnesota
Rochelle Westlund, MN Retailers
Ben Gerber, MN Chamber of Commerce

Rep. Halverson moved the H0092A9 amendment.

Rep. Halverson moved to orally amend H0092A9 by changing "Page 2" on line 1.3 to "Page 1", "Page 2" on line 1.4 to "Page 1" and each subsequent reference of "Page 3" to read "Page 2". THE AMENDMENT WAS INCOROPORATED.

Rep. Halverson moved the H0092A9 amendment, as modified. THE AMENDMENT WAS ADOPTED.

Rep. Atkins moved that HF92 be recommended to pass, as amended, and re-referred to the General Register. THE MOTION PREVAILED.

HF605 (Winkler) Children protected from exposure to harmful chemicals in products, criteria amended for identification of priority chemicals, disclosure required by manufacturers of children's products that contain harmful chemicals, Pollution Control Agency authorized to prohibit sales of Children's products that contain harmful chemicals, waiver process provided, fees established.

Rep. Atkins moved that HF605 be recommended to pass and re-referred to the Committee on Environment Policy.

The following people gave testimony on HF605:

Rep. Winkler
Meredith Salmi-Bydalek, Healthy Legacy
Ally Latourelle, BioAmber
Tony Kwilas, MN Chamber of Commerce

Rep. Atkins moved that HF605 be recommended to pass and re-referred to the Committee on Environment Policy. THE MOTION PREVAILS.

HF131 (Slocum) Estate sale conductors required to post a bond to protect owners of property to be sold

Rep. Fritz moved that HF131 be recommended to pass and re-referred to the Committee on Civil Law.

The following people gave testimony on HF131:

Rep. Patti Fritz
Linda Pegelow, Citizen

Rep. Fritz moved that HF131 be recommended to pass and re-referred to the Committee on Civil Law. THE MOTION PREVAILED.

HF678 (Hilstrom) Event ticket practices regulated, and minimum standards for consumer protection established.

Rep. Hilstrom moved that HF678 be recommended to pass and re-referred to the Committee on Jobs and Economic Development Finance.

Rep. Hilstrom moved the H0678A1 amendment. THE AMENDMENT WAS ADOPTED.

Rep. Hilstrom moved to orally amend H0678A1 by removing from line 1.9 "theatrical performance" and from line 1.10 "exhibition, show,". THE AMENDMENT WAS ADOPTED.

The following people gave testimony on HF678:

Rep. Debra Hilstrom
Jeff Pellegrom, CFO, MN Wild
Randy Levy, WE Fest
Sally Greenberg, Executive Director, National Consumers League
Dan Hedlund, Gustafson Gluek
Geoff Jarpe, Citizen
Joe Wright, Citizen
Peter Moe, Citizen

Rep. Hilstrom moved that HF678 be recommended to pass, as amended, and re-referred to the Committee on Jobs and Economic Development. THE MOTION PREVAILED.

The committee recessed at 5:59 PM.

Rep. Atkins recalled the committee to order at 6:55 PM

HF1031 (Dehn) Life insurance policy paid premium refund required, and judicial declaration of the validity of a policy authorized.

Rep. Dehn moved that HF1031 be recommended to pass and re-referred to the Committee on Judiciary Finance and Policy.

The following people gave testimony on HF1031:

Rep. Ray Dehn
Joel Carlson, Fortress
James Clark, IMMA
Robyn Rowen, MIFSC
Dave McDell, ACLI
Jim Avery, Prudential
Peter Brickwedde, Department of Commerce

Rep. Dehn moved that HF1031 be recommended to pass and re-referred to the Committee on Judiciary Finance and Policy.

Rep. Davids moved that HF1031 be laid on the table.

Rep. Davids requested a roll call, the Committee Legislative Assistant noted the roll as follows:

Those voting Aye:

Hoppe
Anderson
Davids
Loon
Swedzinski
Theis
Woodard
Zellers

Those voting Nay:
Atkins
Fritz
Anzelc
Dehn
Falk
Halverson
Johnson
Lillie
Schoen
Sundin

Members Excused:

Hilstrom
Hortman
Sanders
Slocum

With 8 members voting Aye and 10 voting Nay, THE MOTION DOES NOT PREVAIL.

Rep. Dehn moved that HF1031 be recommended to pass and re-referred to the Committee on Judiciary Finance and Policy. THE MOTION PREVAILED.

HF865 (Sundin) Product stewardship programs provided for.

Rep. Sundin moved that HF865 be recommended to pass and re-referred to the General Register.

The following people gave testimony on HF865:

Rep. Mike Sundin
Garth Hickle, MPCA

Rep. Sundin moves to orally amend HF865, on line 3.36 after "in" replace "both urban and rural areas on an ongoing basis;" with "the seven county metropolitan area initially and expanding to areas outside of the seven county metropolitan area starting July 1, 2016." THE AMENDMENT IS ADOPTED.

Rep. Sundin moves that HF865 be recommended to pass, as amended, and re-referred to the General Register. THE MOTION PREVAILED

Rep. Fritz assumed the gavel.

HF647 (Atkins) Insurance fraud division renamed, subpoenas issued by the commissioner regulated, continuing education requirements modified, actuarial opinions of reserves and supporting documentation or property and casualty company annual statements required and regulated, stop loss coverage regulated, risk-based capital requirements modified, real estate appraiser licenses regulated, Public Utilities Commission service requests modified, and unnecessary laws repealed.

Rep. Atkins moved that HF647 be recommended to pass and re-referred to the Committee on Civil Law.

The following people gave testimony on HF647:

Rep. Joe Atkins
Peter Brickwedde, Dept. of Commerce

Rep. Atkins moved the H0647A1 amendment. THE AMENDMENT WAS ADOPTED.

Rep. Atkins moved that HF647 be recommended to pass, as amended, and re-referred to the Committee on Civil Law. THE MOTION PREVAILED.

HF1243 (Atkins) Securities and franchise registration provisions modified.

Rep. Atkins moves that HF1243 be recommended to pass and re-referred to the General Register.

The following people gave testimony on HF1243:

Rep. Joe Atkins
Peter Brickwedde, Dept. of Commerce.

Rep. Atkins moved the H1243A1 amendment. THE AMENDMENT WAS ADOPTED.

Rep. Atkins moves that HF1243 be recommended to pass, as amended, and re-referred to the General Register. THE MOTION PREVAILED.

HF857 (Atkins) Public Pension insurance surcharge imposed, pension aids modified, and pension funding provided.

Rep. Atkins moved that HF857 be recommended to pass and re-referred to the Committee on Government Operations.

The following people gave testimony on HF857:

Rep. Joe Atkins
Dennis Flaherty, MPPOA
Marcus Marsh, MN Association of Farm Mutual Insurance Co.
Bob Johnson, Insurance Federation of MN
Ken Prillaman, MN State Fire Chief's Association

Rep. Atkins moved the HF857 be recommended to pass, as amended and re-referred to the Committee on Government Operations. THE MOTION PREVAILED.

HF644 (Atkins) Building and construction contracts regulated, and third party insurance agreements prohibite

Rep. Atkins moved that HF644 be recommended to pass and re-referred to the General Register.

Rep. Atkins moved the H0644DE2 amendment. THE AMENDMENT WAS ADOPTED.

The following people gave testimony on HF644:

Rep. Joe Atkins
Curtis Smith, MSA
Doug Speedling, Stotko Speedling Construction
Patrick Hynes, League of Minnesota Cities
Dave Semerad, AGC
Dave Hammargren, AGC

Rep. Atkins moved that HF644 be recommended to pass, as amended, and re-referred to the General Register. THE MOTION PREVAILED.

HF1331 (Atkins) Insurance coverages regulated; exclusions prohibited; and no-fault benefits and coverages, arbitration and health claims appeals, and provider liens modified.

Rep. Atkins moved that HF1331 be recommended to pass and re-referred to the General Register.

The following people gave testimony on HF1331:

Rep. Joe Atkins
Joel Carlson, MN Association for Justice
Elaine Love, MN Farmers Insurance
Vicki Rizzolu, American Family
Andrew Morrison, Integrity Medical Legal Enterprises
Kevin Goodnell, MN Chiropractic Association
Peter Threne, State Farm
Bob Johnson, Insurance Federation of MN
Joe Pingatour, Western National Insurance

Rep. Atkins moved the A13-0228 amendment. THE AMENDMENT WAS ADOPTED.

Rep. Atkins moved that HF1331 be recommended to pass, as amended, and re-referred to the General Register. THE MOTION PREVAILED.

HF446 (Hortman) Building and construction contracts and indemnification agreements regulated.

Rep. Hortman moved that HF446 be recommended to pass and re-referred to the General Register.

The following people gave testimony on HF446:

Rep. Hortman
Michael Heuer, Braun Intertech

Rep. Hortman moved that HF446 be recommended to pass and re-referred to the General Register. THE MOTION PREVAILED.

HF80 (Hilstrom) Assigned consumer debt default judgments regulated

Rep. Hilstrom moved that HF80 be recommended to pass and re-referred to the Committee on Civil Law.

The following people gave testimony on HF80:

Rep. Debra Hilstrom
Scott Larson, St. Clair Capitol

Rep. Hilstrom moved that HF80 be recommended to pass and re-referred to the Committee on Judiciary Finance and Policy. THE MOTION PREVAILED.

The meeting was adjourned at 9:06.




___________________________
Representative Joe Atkins, Chair



_________________________________________
Pete Vujovich, Committee Legislative Assistant

Related Audio & Video

Note: If there is a television recording of the meeting, links to that format will also be available.


    Tuesday, March 12, 2013
    Listen Now or Download MP3

    Agenda:
    HF648 (Davnie) Motor vehicle title loans regulated.
    HF462 (Poppe) Cellulosic ethanol production goal sunset date provided, definitions established, ethanol minimum content requirement converted to a biofuel requirement, petroleum replacement goal expanded, biofuels task force required, and E20 mandate language repealed.
    HF92 (Winkler) Minimum wage regulated, and overtime and parental leave provisions modified.

    HF605 (Winkler) Toxic Free Kids Act; children protected from harmful chemical exposure in products, disclosure required, priority chemical identification criteria amended, Pollution Control Agency authorized to prohibit sales of children's products that contain harmful chemicals, waiver process provided, fees established, and criminal penalty provided.

    HF678 (Hilstrom) Event ticket practices regulated, and minimum standards for consumer protection established.
    HF80 (Hilstrom) Assigned consumer debt default judgments regulated, limitation period provided to bring an action arising out of consumer debt, and bail amount set for failure to comply with judgment debtor disclosure requirements in consumer debt cases.
    HF1031 (Dehn) Life insurance policy paid premium refund required, and judicial declaration of the validity of a policy authorized.
    HF446 (Hortman) Building and construction contracts and indemnification agreements regulated.
    HF865 (Sundin) Product stewardship programs provided.
    HF131 (Slocum) Estate sale conductors required to post a bond to protect owners of property to be sold.
    HF644 (Atkins) Building and construction contracts regulated, and third party insurance agreements prohibited.
    HF1243 (Atkins) Securities and franchise registration provisions modified.
    HF857 (Atkins) Public pension insurance surcharge imposed, pension aids modified, and pension funding provided.
    HF647 (Atkins) Division of insurance fraud renamed; subpoenas, coverages, and real estate appraiser licenses regulated; continuing education and risk-based capital requirements, workers' compensation self-insurance plan funding, services requests, and petroleum product specifications modified; actuarial opinions required and regulated; exclusions prohibited; no-fault benefits and coverages, arbitration, and health claims appeals modified; and unnecessary laws repealed.
    HF1331 (Atkins) Insurance coverages regulated; exclusions prohibited; and no-fault benefits and coverages, arbitration and health claims appeals, and provider liens modified.




    Meeting Documents: H0644DE2 Amendment
    H0678A1 Amendment
    H0648DE1 Amendment
    1A amendment to HF 857
    3A amendment to HF 857
    H0462A2 Amendment
    H0647A1 Amendment
    H0092A9 Amendment
    Second Meeting Agenda:

    HF5 (Atkins) Minnesota Insurance Marketplace established, powers and duties prescribed, person's physician of choice right recognized, right to not participate established, open meeting requirements and data practice procedures specified, funding provided, and money appropriated.

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