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Commerce and Labor

TWENTYEIGHTH

2007-2008 Regular Session - March 13, 2008

STATE OF MINNESOTA TWENTYEIGHTH MEETING
HOUSE OF REPRESENTATIVES EIGHTY-FIFTH SESSION

COMMITTEE ON COMMERCE AND LABOR

MINUTES


Representative Joe Atkins, Chair of the Commerce and Labor Committee, called the meeting to order at 4:09 P.M. on March 13, 2008, in the Basement Hearing Room of the State Office Building.

The Committee Legislative Assistant noted the roll.

Members present:

ATKINS, Joe (Chair)
LILLIE, Leon (Vice-Chair)
MULLERY, Joe
MAHONEY, Tim
DAVNIE, Jim
JOHNSON, Sheldon
PETERSON, Aaron
ANZELC, Tom
KNUTH, Kate
DOMINGUEZ, Augustine
TILLBERRY, Tom
ZELLERS, Kurt
PAULSEN, Erik
DeLaFOREST, Chris
SIMPSON, Dean
ANDERSON, Sarah
BERNS, John

No members were excused or absent.

A quorum was present.

HF 3366 (Eken) Petrofund program modified

Representative Atkins moved HF 3366.

Representative Atkins moved the A08-1374 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 3366:

Representative Kent Eken
Bob Krogman, MN Petroleum Marketers Association

Representative Atkins moved that HF 3366, as amended, be recommended to pass and re-referred to the Committee on Finance with a recommendation to be re-referred to the Committee on Energy Finance and Policy. THE MOTION PREVAILED.

HF 3936 (Holberg) Bomb squad employee disability payments provided

Representative Zellers moved HF 3936.

Representative Zellers moved the H3936A1 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 3936:

Representative Mary Liz Holberg
Wendy Wulff, citizen


Representative Lillie assumed the gavel at 4:17 p.m.


Barbara Johnson, President, Minneapolis City Council
Tom Grundhoefer, League on MN Cities
Keith Carlson, MICA
Tom Hesse, MN Chamber of Commerce
Brian Rice, Minneapolis Police Officers Federation

Representative Zellers moved that HF 3936, as amended, be re-referred without recommendation to the Committee on Governmental Operations, Reform, Technology & Elections. THE MOTION PREVAILED.

HF 3112 (Sertich) Statewide health insurance pool created for school district employees, and money appropriated

Representative Tillberry moved HF 3112.

The following people testified on HF 3112:

Representative Tony Sertich
Pat Sexton, MN Department of Commerce
Gordon Backlund, Fridley School Board
Bill Strusinski, Service Cooperatives
Phil Griffin, PreferredOne
Grace Schwab, MMCC

Representative Berns moved the H3112A3 amendment.

Representative Berns requested a roll call vote. The results were as follows:

AYES NAYS

ANDERSON, Sarah ANZELC, Tom
BERNS, John DOMINGUEZ, Augustine
DELAFOREST, Chris JOHSNON, Sheldon
PAULSEN, Erik KNUTH, Kate
SIMPSON, Dean LILLIE, Leon
ZELLERS, Kurt MAHONEY, Tim
DAVNIE, Jim MULLERY, Joe
PETERSON, Aaron
TILLBERRY, Tom

On a vote of 7 AYES and 9 NAYS, THE AMENDMENT WAS NOT ADOPTED.

Representative Zellers moved the H3112A4 amendment. THE AMENDMENT WAS NOT ADOPTED.

Representative Anderson, S. moved the H3112A7 amendment.

Representative Anderson, S. requested a roll call vote. The results were as follows:

AYES NAYS

ANDERSON, Sarah ANZELC, Tom
BERNS, John DOMINGUEZ, Augustine
DELAFOREST, Chris JOHSNON, Sheldon
PAULSEN, Erik KNUTH, Kate
SIMPSON, Dean LILLIE, Leon
ZELLERS, Kurt MAHONEY, Tim
MULLERY, Joe
PETERSON, Aaron
TILLBERRY, Tom
DAVNIE, Jim


On a vote of 6 AYES and 10 NAYS, THE AMENDMENT WAS NOT ADOPTED.

Representative Zellers moved the H3112A5 amendment. THE AMENDMENT WAS NOT ADOPTED.

Representative Berns moved the H3112A6 amendment. THE AMENDMENT WAS NOT ADOPTED.

Representative Tillberry moved that HF 3112 be recommended to pass and re-referred to the Committee on Finance. THE MOTION PREVAILED.

HF 3574 (Juhnke) State Building Code application and enforcement regulated

Representative Lillie moved HF 3574.

Representative Lillie moved the H3574A2 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 3574:

Representative Al Juhnke
Lisa Frenette, MN Builders Association


Representative Atkins assumed the gavel at 5:32 p.m.


Representative DeLaForest moved to orally amend HF 3574 as follows:
Page 3, Line 12, delete "or" and insert "and". THE AMENDMENT WAS ADOPTED.

Representative Lillie moved that HF 3574, as amended, be recommended to pass. THE MOTION PREVAILED.

HF 3457 (Simon) Custodial trust account use of debit or credit cards authorized to withdraw funds

Representative Atkins moved HF 3457.

The following people testified on HF 3457:

Representative Steve Simon
Robert McCloud, Probate & Trust Section of MSBA

Representative Atkins moved that HF 3457 be recommended to pass. THE MOTION PREVAILED.

HF 3849 (Simon) Commercial multipassenger bicycle passengers permitted to consume alcohol

Representative Atkins moved HF 3849.

The following people testified on HF 3849:

Representative Steve Simon
Al Boyce, PedalPub, LLC

Representative Atkins moved that HF 3849 be laid over for possible inclusion in the liquor omnibus bill. THE MOTION PREVAILED.

HF 3975 (Smith) Attorney fees and recovery of damages provided for breach of an insurance policy

Representative Zellers moved HF 3975.

The following people testified on HF 3975:

Representative Steve Smith
James Ladner, St. Jude Medical
Ann Archambault, ABC Bus Companies
Dale Johnson, Angeion Corporation
Tom Mielenhausen, Lindquist & Vennum
Peter Thrane, State Farm Insurance
Bev Turner, Travelers' Insurance
Bob Johnson, Insurance Federation of Minnesota

Representative Zellers moved that HF 3975 be recommended to pass. THE MOTION PREVAILED.

HF 863 (Hortman) California vehicle emissions standards adopted, and updates provided to comply with the federal Clean Air Act

Representative Atkins moved HF 863.

The following people testified on HF 863:

Representative Melissa Hortman
Jim Erkel, MN Center for Environmental Advocacy
Valerie Jerich, MN Corn Growers Association
Diane Schmidt, Flint Hills Resources
Eric Hyland, Messerli & Kramer
Alyssa Schlander, MN Auto Dealers Association

Representative Anderson, S. moved the H0863A5 amendment. THE AMENDMENT WAS NOT ADOPTED.

Representative Zellers moved the H0863A7 amendment.

Representative Zellers requested a roll call vote. The results were as follows:

AYES NAYS

ANDERSON, Sarah ANZELC, Tom
BERNS, John DOMINGUEZ, Augustine
DELAFOREST, Chris JOHSNON, Sheldon
SIMPSON, Dean KNUTH, Kate
ZELLERS, Kurt LILLIE, Leon
MAHONEY, Tim
MULLERY, Joe
PETERSON, Aaron
TILLBERRY, Tom
DAVNIE, Jim
ATKINS, Joe


On a vote of 5 AYES and 11 NAYES, THE AMENDMENT WAS NOT ADOPTED.

Representative Simpson moved the H0863A6 amendment.

Representative Simpson requested a roll call vote. The results were as follows:

AYES NAYS

ANDERSON, Sarah ANZELC, Tom
BERNS, John DOMINGUEZ, Augustine
DELAFOREST, Chris JOHSNON, Sheldon
SIMPSON, Dean KNUTH, Kate
ZELLERS, Kurt LILLIE, Leon
MAHONEY, Tim
MULLERY, Joe
PETERSON, Aaron
TILLBERRY, Tom
DAVNIE, Jim
ATKINS, Joe


On a vote of 5 AYES and 11 NAYES, THE AMENDMENT WAS NOT ADOPTED.

Representative Knuth moved the A08-1410 amendment. THE AMENDMENT WAS ADOPTED

Representative Atkins moved that HF 863, as amended, be recommended to pass and re-referred to the Committee on Finance with a recommended re-referral to the Committee on Environment and Natural Resources Finance. THE MOTION PREVAILED.

HF 3913 (Gunther) Minnesota Boxing Commission name changed, penalties provided, jurisdiction extended, and rulemaking authorized

Representative Atkins moved HF 3913.

Representative Atkins moved the A08-1300 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 3913:

Representative Bob Gunther

Representative Atkins moved that HF 3913, as amended, be recommended to pass and re-referred to the Committee on Governmental Operations, Reform, Technology & Elections. THE MOTION PREVAILED.


HF 3195 (Knuth) Greenhouse gas emission cap and trade program principals established, studies required, and money appropriated

Representative Knuth moved HF 3195.

Representative Knuth moved the H3195A14 amendment. THE AMENDMENT WAS ADOPTED.

Representative Knuth moved the H3195A15 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 3195:

Representative Kate Knuth
Brad Lehto, AFL-CIO
Bill Heaney, IBEW
Dianne Schmidt, Flint Hills Resources

Representative Zellers moved the H3195A5 amendment. THE AMENDMENT WAS NOT ADOPTED.

Representative Anderson, S. moved the H3195A6 amendment.

Representative Anderson, S. requested a roll call vote. The results were as follows:

AYES NAYS

ANDERSON, Sarah ANZELC, Tom
BERNS, John DOMINGUEZ, Augustine
DELAFOREST, Chris JOHSNON, Sheldon
SIMPSON, Dean KNUTH, Kate
ZELLERS, Kurt LILLIE, Leon
MAHONEY, Tim
MULLERY, Joe
PETERSON, Aaron
TILLBERRY, Tom
DAVNIE, Jim
ATKINS, Joe


On a vote of 5 AYES and 11 NAYES, THE AMENDMENT WAS NOT ADOPTED.

Representative Zellers moved the H3195A11 amendment. THE AMENDMENT WAS NOT ADOPTED.

Representative DeLaForest moved the H3195A9 amendment. THE AMENDMENT WAS NOT ADOPTED.

Representative DeLaForest moved the H3195A10 amendment. THE AMENDMENT WAS NOT ADOPTED.

Representative Knuth moved that HF 3195 be recommended to pass and re-referred to the Committee on Finance with a recommendation to be re-referred to the Committee on Energy Finance and Policy.

Representative Zellers requested a roll call vote. The results were as follows:

AYES NAYS

ATKINS, Joe ANDERSON, Sarah
DAVNIE, Jim ANZELC, Tom
DOMINGUEZ, Augustine BERNS, John
JOHSNON, Sheldon DELAFOREST, Chris
KNUTH, Kate SIMPSON, Dean
LILLIE, Leon ZELLERS, Kurt
MAHONEY, Tim
MULLERY, Joe
PETERSON, Aaron
TILLBERRY, Tom


On a vote of 10 AYES and 6 NAYS, THE MOTION PREVAILED.

HF 3543 (Winkler) Foreign cooperatives regulation provided, dissolution notification request removed, document return provided, foreign partnerships allowed to use alternative names, and name filing contests eliminated

Representative Atkins moved HF 3543.

Representative Atkins moved to orally amend HF 3543 as follows:
Delete Section 5. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 3543:

Representative Ryan Winkler

Representative Atkins moved that HF 3543, as amended, be recommended to pass. THE MOTION PREVAILED.

HF 3538 (Winkler) Start-up and emerging Minnesota businesses investment credit provided

Representative Atkins moved HF 3538.

Representative Atkins moved the H3538A1 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 3538:

Representative Ryan Winkler

Representative Atkins moved that HF 3538 be recommended to pass and re-referred to the Committee on Finance with a recommended re-referral to the Committee on Higher Education and Workforce Development Finance and Policy. THE MOTION PREVAILED.

HF 3721 (Dittrich) Health insurers required to offer small employers the option to purchase flexible benefit plans

Representative Zellers moved HF 3721.

Representative Zellers moved the HDA-550 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 3721.

Representative Denise Dittrich

Representative Zellers moved that HF 3721, as amended, be recommended to pass. THE MOTION PREVAILED.

HF 3924 (Thao) Optometrists allowed to dispense legend drugs at retail under certain conditions

Representative Atkins moved HF 3924.

Representative Atkins moved the H3942A1 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 3924:

Representative Cy Thao

Representative Atkins moved that HF 3924, as amended, be recommended to pass. THE MOTION PREVAILED.

HF 3134 (Thissen) Death deed conveyance of interests in real property by transfer provision provided, acknowledgments made in a representative capacity clarified, registered land application clarified, obsolete language eliminated and technical changes made

Representative Atkins moved HF 3134.

Representative Atkins moved the H3434A1 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 3134:

Representative Paul Thissen

Representative Atkins moved that HF 3134, as amended, be recommended to pass and re-referred to the Committee on Finance. THE MOTION PREVAILED.

HF 3229 (Nelson) Utility disconnection reporting required so local governments may get notice

Representative Atkins moved HF 3229.

Representative Atkins moved the H3329DE7 amendment.

Representative Atkins moved to orally amend the H3329DE7 amendment as follows:
Page 1, Line 1, delete "3329" and insert "3229". THE AMENDMENT TO THE AMENDMENT WAS ADOPTED.

Representative Atkins moved the H3329DE7 amendment, as amended. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 3229:

Representative Michael Nelson

Representative Atkins moved that HF 3229, as amended, be recommended to pass. THE MOTION PREVAILED.

HF 3084 (Scalze) Homeowners provided with a longer period within which to notify contractors of construction defects

Representative Atkins moved HF 3084.

The following people testified on HF 3084:

Representative Bev Scalze

Representative Atkins moved that HF 3084 be recommended to pass. THE MOTION PREVAILED.

HF 3077 (Beard) Occupational licenses provided

Representative Zellers moved HF 3077.

The following people testified on HF 3077:

Representative Mike Beard

Representative Zellers moved that HF 3077 be recommended to pass. THE MOTION PREVAILED.

HF 3526 (Abeler) Acupuncture services equal access required by group policies and subscriber contracts, claim determinations required by services to be made or reviewed by acupuncture practitioners, and referral and reimbursement rate reports required

Representative Zellers moved HF 3526.

Representative Zellers moved to orally amend HF 3526 as follows:
Page 2, Line 10, after "state," insert "performed by a licensed acupuncture practitioner" and
Page 2, Line 30, after "state," insert "performed by a licensed acupuncture practitioner". THE AMENDMENT WAS ADOPTED.

The following people testified on HF 3526:

Representative Jim Abeler
Mark McKenzie, MN College of Acupuncture and Oriental Medicine
Lin Nelson, Blue Cross Blue Shield MN
Michael Green, citizen

Representative Zellers moved that HF 3526, as amended, be recommended to pass. THE MOTION PREVAILED.

HF 3332 (Dill) Credit card surcharges regulated

Representative Atkins moved HF 3332.

The following people testified on HF 3332:

Representative David Dill

Representative Atkins moved that HF 3332 be recommended to pass. THE MOTION PREVAILED.

HF 3766 (Tillberry) Horse racing; Medication regulations modified

Representative Tillberry moved HF 3766.

The following people testified on HF 3766:

Representative Tom Tillberry

Representative moved that HF 3766 be recommended to pass. THE MOTION PREVAILED.


Representative Lillie assumed the gavel at 8:07.


HF 3829 (Atkins) State Fair liquor license technical changes made

Representative Atkins moved HF 3829.

Representative Atkins moved the H3829A2 amendment. THE AMENDMENT WAS ADOPTED.

Representative Atkins moved the H3829A4 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 3829:

Representative Joe Atkins

Representative Atkins moved that HF 3829, as amended, be recommended to pass. THE MOTION PREVAILED.

HF 3296 (Johnson) Independent contractor status rule exception eliminated, and audit activities required

Representative Johnson moved HF 3296.

Representative Johnson moved the H3296A2 amendment. THE AMENDMENT WAS ADOPTED.

Representative Johnson moved the H3296A4 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 3296:

Representative Sheldon Johnson

Representative Johnson moved that HF 3296, as amended, be recommended to pass. THE MOTION PREVAILED.

SF 2262 (Johnson) Telecommunications state agency obsolete rules repealed

Representative Johnson moved SF 2262.

The following people testified on SF 2262:

Representative Sheldon Johnson

Representative Johnson moved that SF 2262 be recommended to pass. THE MOTION PREVAILED.

HF 3822 (Dominguez) Motor vehicle insurance adjustments regulated

Representative Dominguez moved HF 3822.

Representative Dominguez moved the H3822A1 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 3822:

Representative Augustine Dominguez
Mike Scoonover, Automobile Repair Industry
Mark Culden, Insurance Federation of Minnesota

Representative Dominguez moved that HF 3822, as amended, be recommended to pass. THE MOTION PREVAILED.

HF 3236 (Davnie) Deed, rates of interest, and mortgage contracts regulated, borrower's ability to repay verification provided, and mortgage broker's failure to comply penalties and remedies provided

Representative Davnie moved HF 3236.

Representative Davnie moved the H3236A2 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 3236:

Representative Jim Davnie

Representative Davnie moved that HF 3236, as amended, be recommended to pass. THE MOTION PREVAILED.

HF 3287 (Davnie) Debt management services regulated, and obsolete criminal provision repealed

Representative Davnie moved HF 3287.

The following people testified on HF 3287:

Representative Jim Davnie

Representative Davnie moved that HF 3287 be recommended to pass. THE MOTION PREVAILED.

HF 3365 (Atkins) Professional firefighter arbitration procedures repealed concerning total package final offers.

Representative Atkins moved HF 3365.

The following people testified on HF 3365:

Representative Joe Atkins
Tom Thornberg, MN Professional Firefighters

Representative Atkins moved that HF 3365 be recommended to pass. THE MOTION PREVAILED.

HF 3481 (Atkins) Payroll card accounts sunset repealed

Representative Atkins moved HF 3481.

The following people testified on HF 3481:

Representative Joe Atkins

Representative Atkins moved that HF 3481 be recommended to pass to the Consent Calendar. THE MOTION PREVAILED.

HF 3888 (Atkins) Real estate transactions regulated, terms defined, and closing agents regulated

Representative Atkins moved HF 3888.

Representative Atkins moved the H3888DE1 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 3888:

Representative Joe Atkins

Representative Atkins moved that HF 3888, as amended, be recommended to pass. THE MOTION PREVAILED.


Representative Zellers recalled HF 3936. THE MOTION PREVAILED.

Representative Zellers moved that HF 3936 be recommended to pass and re-referred to the Committee on Rules. THE MOTION PREVAILED.


Representative Knuth moved that the minutes of March 11, 2008 be adopted. THE MOTION PREVAILED.


SF 3154 (Lillie) Residential mortgage originators and services regulated, and borrower's ability to pay verified

Representative Lillie moved SF 3154.

Representative Lillie moved the A08-1297 amendment.

Representative Lillie moved to amend the A08-1297 amendment as follows:
Page 1, Line 1, delete "H.F. No. 3839" and insert "S.F. No. 3154". THE AMENDMENT TO THE AMENDMENT WAS ADOPTED.

Representative Lillie moved the A08-1297 amendment, as amended. THE AMENDMENT WAS ADOPTED.

The following people testified on SF 3154:

Representative Leon Lillie

Representative Lillie moved that SF 3154, as amended, be recommended to pass. THE MOTION PREVAILED.


The meeting was adjourned at 8:40 P.M.



Rep. Joe Atkins, Chair


Christopher Kwapick, Committee Legislative Asst.
More Info On This Meeting..

HF3936 (Holberg) Bomb squad employee disability payments provided
HF3574 (Juhnke) State Building Code application and enforcement regulated
HF3229 (Nelson) Utility disconnection reporting required so local governments may get notice
HF3839/SF 3154 (Lillie) Residential mortgage originators and services regulated, and borrower's ability to pay verified
HF3766 (Tillberry) Horse racing; Medication regulations modified
HF3543 (Winkler) Foreign cooperatives regulation provided, dissolution notification request removed, document return provided, foreign partnerships allowed to use alternative names, and name filing contests eliminated
HF3538 (Winkler) Start-up and emerging Minnesota businesses investment credit provided
HF3457 (Simon) Custodial trust account use of debit or credit cards authorized to withdraw funds
HF3849 (Simon) Commercial multipassenger bicycle passengers permitted to consume alcohol
HF3721 (Dittrich) Health insurers required to offer small employers the option to purchase flexible benefit plans
HF3332 (Dill) Credit card surcharges regulated
HF3112 (Sertich) Statewide health insurance pool created for school district employees, and money appropriated
HF3526 (Abeler) Acupuncture services equal access required by group policies and subscriber contracts, claim determinations required by services to be made or reviewed by acupuncture practitioners, and referral and reimbursement rate reports required
HF3365 (Atkins) Professional firefighter arbitration procedures repealed concerning total package final offers.
HF3481 (Atkins) Payroll card accounts sunset repealed
HF3829 (Atkins) State Fair liquor license technical changes made
HF3924 (Thao) Optometrists allowed to dispense legend drugs at retail under certain conditions
HF3366 (Eken) Petrofund program modified
HF3236 (Davnie) Deed, rates of interest, and mortgage contracts regulated, borrower's ability to repay verification provided, and mortgage broker's failure to comply penalties and remedies provided
HF3975 (Smith) Attorney fees and recovery of damages provided for breach of an insurance policy
HF3084 (Scalze) Homeowners provided with a longer period within which to notify contractors of construction defects
HF3296 (Johnson) Independent contractor status rule exception eliminated, and audit activities required
HF3888 (Atkins) Real estate transactions regulated, terms defined, and closing agents regulated
HF3134 (Thissen) Death deed conveyance of interests in real property by transfer provision provided, acknowledgments made in a representative capacity clarified, registered land application clarified, obsolete language eliminated and technical changes made
HF3195 (Knuth) Greenhouse gas emission cap and trade program principles established, studies required, and money appropriated
HF863 (Hortman) California vehicle emissions standards adopted, and updates provided to comply with the federal Clean Air Act
HF2414/SF2262 (Johnson) Telecommunications state agency obsolete rules repealed
HF3077 (Beard) Occupational licenses provided
HF3822 (Dominguez) Motor vehicle insurance adjustments regulated

HF3411 (Atkins), HF635 (Masin), HF3932 (Atkins), HF 1922 (Gunther) have been removed from the agenda

Bill Removed:
& HF 3516 (Davnie) Foreclosure information specification provided and report required

Bill Added:
HF 3287 (Davnie) Debt management services regulated, and obsolete criminal provision repealed
HF 3913 (Gunther) Minnesota Boxing Commission name changed, penalties provided, jurisdiction extended, and rulemaking authorized