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Minnesota Legislature

THIRTEENTH MEETING - Commerce and Labor

2009-2010 Regular Session

STATE OF MINNESOTA THIRTEENTH MEETING
HOUSE OF REPRESENTATIVES EIGHTY-SIXTH SESSION

COMMITTEE ON COMMERCE AND LABOR

MINUTES


Representative Leon Lillie, Vice-Chair of the Commerce and Labor Committee, called the meeting to order at 4:38 P.M. on March 24, 2009, 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
DAVNIE, Jim
JOHNSON, Sheldon
THAO, Cy
FRITZ, Patti
HOSCH, Larry
SIMON, Steve
ANZELC, Tom
KNUTH, Kate
SLOCUM, Linda
ZELLERS, Kurt
DAVIDS, Greg
HOPPE, Joe
ANDERSON, Sarah
MURDOCK, Mark
SANDERS, Tim

A quorum was present.


Representative Johnson moved that the minutes of March 19, 2009 be adopted. THE MOTION PREVAILED.


HF 1671 (Carlson) Labor or employee organizations provisions modified.

Representative Lillie moved HF 1671.


Representative Atkins assumed the gavel at 4:40 p.m.


Representative Atkins moved the Committee Report on HF 1671 be adopted. THE MOTION PREVAILED.

The following people testified on HF 1671:

Representative Lyn Carlson
Russ Stanton, Inter Faculty Organization Government Relations Director
Chris Dale, MnSCU
Connie Howard, IFO

Representative Lillie moved HF 1671 be recommended to pass and re-referred to the Committee on Finance. THE MOTION PREVAILED.


HF 1767 (Nelson) Unlicensed construction contractor and subcontractor registration required, fee imposed.

Representative Atkins moved the Committee Report on HF 1767 be adopted. THE MOTION PREVAILED.

Representative Atkins moved HF 1767.

The following people testified on HF 1767:

Representative Michael Nelson

Representative Atkins moved HF 1767 be recommended to pass and re-referred to the Committee on Finance with a recommended re-referral to the Committee on Higher Education & Workforce Development Finance & Policy Division. THE MOTION PREVAILED.


HF 1419 (Hilstrom) Plumbing inspector qualifications required.

Representative Atkins moved HF 1419.

The following people testified on HF 1419:

Representative Deb Hilstrom
Carl Crimmins, MN Pipe Trades Association

Representative Atkins moved HF 1419 be laid over.


HF 854 (Lesch) Customer liability for unauthorized use of lost of stolen cellular phones limited.

Representative Johnson moved the Committee Report on HF 854 be adopted. THE MOTION PREVAILED.

Representative Johnson moved HF 854.

Representative Atkins moved the H0854A2 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 854:

Representative John Lesch

Representative Johnson moved HF 854, as amended, be recommended to pass and re-referred to the Committee on Civil Justice. THE MOTION PREVAILED.


HF 1364 (Gunther) School district boiler operator training required.

Representative Davids moved the Committee Report on HF 1364 be adopted. THE MOTION PREVAILED.

Representative Davids moved HF 1364.

The following people testified on HF 1364:

Representative Bob Gunther
Josh Whitney-Wise, SEIU

Representative Davids moved HF 1364 be laid over.


HF 286 (Clark) Acupuncture equal access provided and services required by certain group policies and subscriber contracts, Edith R. Davis memorial provided, claim determinations required regarding acupuncture services made or reviewed by acupuncture practitioners, and acupuncture referral reporting required to acupuncture practitioners and reimbursement rates.

Representative Atkins moved HF 286.

The following people testified on HF 286:

Representative Karen Clark
Barbara Davis
Kimberly Fritz, Acupuncture and Oriental Medicine Association of Minnesota
Dr. Charles Sawyer, Northwestern Health Science University
Dannette Coleman, Medica

Representative Atkins moved HF 286 be recommended to pass and re-referred to General Register. THE MOTION PREVAILED.


HF 2114 (Clark) Allowing a special liquor license for the city of Minneapolis.

Representative Atkins moved HF 2114.

Representative Atkins moved the H2114A1 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 2114:

Representative Karen Clark
Mark Dzink, Tautology, LLC
Marion Biehn, Whittier Alliance
Frank Ball, MN Liquor & Beverage Association
Ken Rockler, Tavern League

Representative Atkins moved HF 2114, as amended, be laid over for possible inclusion in the Liquor Omnibus bill.


HF 19 (Mullery) Postponement provided for property sales.

Representative Atkins moved the Committee Report on HF 19 be adopted. THE MOTION PREVAILED.

Representative Mullery moved HF 19.

The following people testified on HF 19:

Representative Joe Mullery

Representative Mullery moved HF 19 be recommended to pass and re-referred to the Committee on Civil Justice. THE MOTION PREVAILED.


HF 903 (Mullery) Foreclosure consultant provisions modified.

Representative Davnie moved the Committee Report on HF 903 be adopted. THE MOTION PREVAILED.

Representative Mullery moved HF 903.

Representative Mullery moved the A903-101 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 903:

Representative Joe Mullery

Representative Mullery moved HF 903, as amended, be recommended to pass and re-referred to the Committee on Civil Justice. THE MOTION PREVAILED.


HF 1202 (Masin) Insurance proceed dollar amounts modified.

Representative Atkins moved HF 1202.

Representative Atkins moved the A09-0245 amendment. THE AMENDMENT WAS ADOPTED.

Representative Atkins moved to orally amend the A09-0245 amendment as follows:
Line 1.10, delete "death benefit" and insert "cash value".
Line 1.11, delete "with" and insert "within". THE AMENDMENT WAS ADOPTED.

The following people testified on HF 1202:

Representative Sandra Masin
Doug Flink, National Association of Insurance and Financial Advisors

Representative Atkins moved HF 1202, as amended, be recommended to pass and re-referred to the General Register. THE MOTION PREVAILED.


HF 1807 (Zellers) Metropolitan Airports Commission authorized to extend hours of sale of alcohol.

Representative Zellers moved HF 1807.

The following people testified on HF 1807:

Representative Kurt Zellers
Mitch Kilian, MAC

Representative Zellers moved HF 1807 be laid over for possible inclusion in the Liquor Omnibus bill.


HF 1510 (Zellers) Noncommercial alcohol use provisions in unlicensed public facilities clarified.

Representative Zellers moved HF 1510.

The following people testified on HF 1510:

Representative Kurt Zellers
Ed Cadman, League of MN Cities

Representative Zellers moved HF 1510 be laid over for possible inclusion in the Liquor Omnibus bill.


HF 1789 (Fritz) Nonprofit Insurance Trust authorized to self-insure against certain liabilities.

Representative Fritz moved HF 1789.

The following people testified on HF 1789:

Representative Patti Fritz
Mike Freundschuh, MNEWCF

Representative Fritz moved HF 1789 be recommended to pass and re-referred to the General Register. THE MOTION PREVAILED.


HF 1294 (Kahn) Sunday sales regulated, and statutory prohibitions removed against off-sale intoxicating liquor sales and the sales of motor vehicles.

Representative Atkins moved HF 1294.

Representative Atkins moved the H1294A1 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 1294:

Representative Phyllis Kahn
John Wolf, Chicago Lake Liquors
Jay Hibbard, Distilled Spirits Council (DISCUS)


Representative Lillie assumed the gavel at 5:51 p.m.


Barney Nesseth, Hometown Wine & Spirits
Michael Madigan, MN Beer Wholesalers
Don Gerdesmeier, Teamsters Joint Council 32
Candace Woods, Hutchinson Municipal Liquor
Mike Hansen


Representative Atkins assumed the gavel at 5:57 p.m.


Jennifer Schoenty, Zipp’s Liquor
Brian Bluhm, MN Liquor & Beverage Association

Representative Atkins moved HF 1294, as amended, be laid over for possible inclusion in the Liquor Omnibus bill.


HF 1648 (Sailer) Video display device manufacturer and retailer reporting requirements amended, and recycled electronic product amounts limited that can be applied to future recycling obligations.

Representative Davnie moved HF 1648.

The following people testified on HF 1648:

Representative Brita Sailer

Representative Davnie moved HF 1648 be recommended to pass and re-referred to the General Register. THE MOTION PREVAILED.


HF 1917 (Davnie) Exclusive liquor store wine tasting provision modified.

Representative Davnie moved HF 1917.

The following people testified on HF 1917:

Representative Jim Davnie

Representative Davnie moved HF 1917 be laid over for possible inclusion in the Liquor Omnibus bill.


HF 914 (Davnie) Payday lending regulated, penalties and remedies provided.

Representative Davnie moved the Committee Report on HF 914 be adopted. THE MOTION PREVAILED.

Representative Davnie moved HF 914.

The following people testified on HF 914:

Representative Jim Davnie
Ron Elwood, Legal Aid
Paul Cassidy, Payday America

Representative Davnie moved the H0914DE2 amendment. THE AMENDMENT WAS ADOPTED.

Representative Davnie moved HF 914, as amended, be recommended to pass and re-referred to the Committee on Civil Justice. THE MOTION PREVAILED.


HF 120 (Hosch) Health care cooperative arrangement oversight established, rural area health care service access increased, and money appropriated.

Representative Hosch moved HF 120.

The following people testified on HF 120:

Representative Larry Hosch
Chuck Ness, MN Rural Health Cooperative
David Balto, former Policy Director of the Federal Trade Commission
Thomas Pursell, Lindquist and Vennum


Representative Lillie assumed the gavel at 6:43 p.m.


Representative Hosch moved HF 120 be recommended to pass and re-referred to the Committee on Civil Justice. THE MOTION PREVAILED.


HF 357 (Falk) Community-based energy development project tariff and contract provisions modified.

Representative Atkins moved HF 357, as amended.

The following people testified on HF 357:

Representative Andrew Falk


Representative Atkins assumed the gavel at 6:52 p.m.


George Crocker, North American Water Office

Representative Zellers moved the H0357A9 amendment. THE AMENDMENT WAS ADOPTED.

Representative Atkins moved HF 357, as amended, be recommended to pass and re-referred to the Committee on Finance with a recommended re-referral to the Committee on Energy Finance & Policy Division.

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

AYES:
ATKINS
ANZELC
DAVNIE
JOHNSON
KNUTH
LILLIE
SIMON
SLOCUM
THAO

NAYS:
ANDERSON, S.
DAVIDS
HOPPE
MURDOCK
SANDERS
ZELLERS

On a vote of 9 AYES to 6 NAYS, THE MOTION PREVAILED.


Representative Lillie assumed the gavel at 7:17 p.m.


HF 1717 (Atkins) Motor vehicle sales and distribution regulated.

Representative Atkins moved HF 1717.

Representative Atkins moved the H1717A1 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 1717:

Representative Joe Atkins

Representative Atkins moved HF 1717, as amended, be recommended to pass and re-referred to the General Register. THE MOTION PREVAILED.


HF 1719 (Atkins) Viatical settlements regulated, and Viatical Settlements Model Act of the National Association of Insurance Commissions enacted and modified.

Representative Atkins moved HF 1719.

Representative Atkins moved the H1719A1 amendment. THE AMENDMENT WAS ADOPTED.

Representative Atkins moved the H1719A3 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 1719:

Representative Joe Atkins

Representative Atkins moved HF 1719, as amended, be recommended to pass and re-referred to the Committee on Public Safety Policy & Oversight. THE MOTION PREVAILED.


The meeting was adjourned at 7:23 P.M.






Rep. Joe Atkins, Chair




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

HF1767 (Nelson) Unlicensed construction contractor and subcontractor registration required, fee imposed. HF120 (Hosch) Health care cooperative arrangement oversight established, rural area health care service access increased, and money appropriated. HF286 (Clark) Acupuncture equal access provided and services required by certain group policies and subscriber contracts, Edith R. Davis memorial provided, claim determinations required regarding acupuncture services made or reviewed by acupuncture practitioners, and acupuncture referral reporting required to acupuncture practitioners and reimbursement rates. HF854 (Lesch) Customer liability for unauthorized use of lost of stolen cellular phones limited. HF1202 (Masin) Insurance proceed dollar amounts modified. HF1294 (Kahn) Sunday sales regulated, and statutory prohibitions removed against off-sale intoxicating liquor sales and the sales of motor vehicles. **The committee will limit its action to the prohibitions against off-sale in

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