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Labor and Consumer Protection Division

TENTH MEETING

2007-2008 Regular Session - Monday, March 12, 2007

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


LABOR AND CONSUMER PROTECTION DIVISION
of the
COMMERCE AND LABOR COMMITTEE

MINUTES



Representative Jim Davnie, Chair of the Division, called the tenth meeting to order at 8:06 A.M. on, March 12, 2007, in Room 500 South of the State Office Building.

The Committee Legislative Assistant noted the roll.

Members present:
Davnie, Jim, Chair
Benson, John, Vice-Chair
Dittrich, Denise
Fritz, Patti
Gunther, Bob
Hornstein, Frank
Howes, Larry
Laine, Carolyn
Nelson, Michael
Scalze, Bev
Shimanski, Ron
Swails, Marsha

Members excused:
Anderson, Sarah
Peterson, Neil W.

Representative Davnie called the meeting to order at 8:06A.M. A quorum was present.

HF1190 (Nelson) Plumbing Council established.

Representative Nelson moved HF1190 to pass and be re-referred to the Commerce and Labor committee.

Representative Nelson moved amendment A07-0192.
The amendment was adopted.

Testifying on the bill:
Dave Johnson, attorney
Tom Joachim, Assistant Deputy, Department of Labor and Industry

A handout "Plumbing Code Rulemaking Authority" was given to division members.

Representative Nelson moved an oral amendment,
Page 2, Line 2.34, delete "326.47" and insert "326.45".
The oral amendment was incorporated.

Representative Nelson moved an oral amendment,
Page 2, Line 2.33 after collected, insert "under this provision". and delete "under sections 326.42 and 326.45".
The oral amendment was incorporated.

Representative Nelson renewed his motion that HF1190 be recommended to pass as amended and is re-referred to Commerce and Labor committee.
The motion prevailed.
HF1283 (Nelson) Misrepresentation of employees as independent contractors prohibited, and review of certifications of independent contractor status required.

Representative Nelson moved HF1283 to pass and be re-referred to the Commerce and Labor committee.

Representative Nelson moved amendment H12-DE2.
The amendment was adopted.

A handout "1099 Misclassification of Construction Employees" was given to division members.

Testifying on the bill:
Kyle Makarios, Lakes and Plains Regional Council of Carpenters
John Nesse, Minnesota Flooring Contractors Association

Representative Nelson renewed his motion that HF1283 be recommended to pass as amended and is re-referred to Commerce and Labor committee.
The motion prevailed.


HF0754 (Mullery) Plumbers licenses required statewide.

Representative Swails moved HF0754 to pass and be re-referred to the Commerce and Labor committee.

Testifying on the bill:
Carl Crimmins, Executive Secretary, Minnesota Pipe Trades
Mike Robertson, Minnesota Utility Contactors
Randy Ellingboe, Manager, Minnesota Department of Labor and Industry

Representative Swails moved amendment A07-0250.
The amendment was adopted.

Representative Swails renewed her motion that HF0754 be recommended to pass as amended and is re-referred to Commerce and Labor committee.
The motion prevailed.


HF1336 (Mahoney) Council of High Pressure Piping Systems established, and fees required.

Representative Nelson moved HF1336 to pass and be re-referred to the Commerce and Labor committee.

Representative Davnie moved an oral amendment, everywhere in HF1336 delete "council" and insert "board".
The oral amendment was incorporated.

Representative Nelson renewed his motion that HF1336 be recommended to pass as amended and is re-referred to Commerce and Labor committee.
The motion prevailed.


HF0571 (Hilstrom) Defining best value; changing provisions for acquisition and competitive bidding.

Representative Benson moved HF0571 to pass and be re-referred to the Commerce and Labor committee.

Testifying on the bill:
Meg Luger, Attorney, Miller O'Brien on behalf of the MN Building Construction Trades Council
Harry Melander, President, St Paul Building and Construction Trades Council
Craig Johnson, League of Minnesota Cities


Joe Mathews, Association of Minnesota Counties
Bill Breyfogle, Minnesota State Colleges and Universities
Justin Grussing, University of Minnesota
Dean Thomsom, Attorney, MSBA Construction
John Pletz, Minnesota Electrical Contractors

A handout "MSBA Construction Law Section Principles" was given to division members.

Representative Benson renewed his motion that HF0571 be recommended to pass and be re-referred to the Commerce and Labor committee.
The motion prevailed.



HF1208 (Mahoney) State Building Code modified, and construction code and licensing provisions modified and recodified.

Representative Mahoney gave Informational run through of the bill. Also, testifying was Charlie Durenberger, Manager for the Department of Labor and Industry. Also, noted was the need to again change bill language from "council" to "board".


Representative Nelson moved approval of the March 9, 2007 minutes.
THE MOTION PREVAILED AND THE MINUTES ARE ADOPTED.


The meeting adjourned at 9:55A.M.



REP. JIM DAVNIE, CHAIR



Mary Elizabeth Faust
Committee Legislative Assistant
More Info On This Meeting..

HF1190 (Nelson) Plumbing Council established.
HF1283 (Nelson) Misrepresentation of employees as independent contractors prohibited, and review of certifications of independent contractor status required.
HF754 (Mullery) Plumbers licenses required statewide.
HF1336 (Mahoney) Council of High Pressure Piping Systems established, and fees required.
HF0571(Hilstrom) Defining best value; changing provisions for acquisition and competitive bidding.
HF1208 (Mahoney) State Building Code modified, and construction code and licensing provisions modified and recodified.