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to a biofuel requirement, petroleum replacement goal expanded, biofuels task force required, and E20 mandate language repealed.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
Note: If there is a television recording of the meeting, links to that format will also be available.
Agenda:
HF648 (Davnie) Lender provisions regulated for those who use motor vehicle titles of the borrower as collateral.
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) Children protected from harmful chemical exposure in products, priority chemical identification criteria amended, harmful chemical disclosure required by manufacturers of children's products, 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 for.
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 regulated; continuing education requirements modified; actuarial opinions required and regulated; risk-based capital requirements modified; coverages regulated; exclusions prohibited; no-fault benefits and coverages, arbitration, and health claims appeals modified; workers' compensation self-insurance plan funding modified; real estate appraiser licenses regulated; services requests modified; petroleum product specifications 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, abortion coverage prohibited with certain exemptions, person's physician of choice right recognized, right to not participate established, open meeting requirements and data practice procedures specified, and money appropriated.