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Minnesota Legislature
2009-2010 Regular Session

SIXTH MEETING - Labor and Consumer Protection Division

February 27, 2009

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


LABOR AND CONSUMER PROTECTION DIVISION
of the
COMMERCE AND LABOR COMMITTEE

MINUTES


Representative Jim Davnie, Chair of the Division, called the sixth meeting to order at 10:35 A.M. on, February 27, 2009, in the 200 hearing room of the State Office Building.

The Committee Legislative Assistant noted the roll.

Members present:
Davnie, Jim, Chair
Fritz Patti, Vice-Chair
Lillie, Leon
Mack, Tara
Murdock, Mark
Nelson, Michael V.
Sanders, Tim
Simon, Steve
Solberg, Loren
Zellers, Kurt

Members excused:
Mahoney, Tim


Representative Davnie called the meeting to order at 10:35 A.M. A quorum was present.

Representative Simon moved approval of HF420 be recommended to pass and re-referred to the Commerce and Labor committee.

HF420 (Laine) Existing statutory implied residential construction warranties required to be made as express warranties and be provided to the buyer in writing, and warranty waivers prohibited.

Testimony was given by:
Scott Andresen- Attorney
Lisa Frenette – Minnesota Builders Association

Representative Simon moved HF420 be recommended to pass and be re-referred to Commerce and Labor committee.
The motion prevailed.


Representative Davnie moved approval of HF239 be recommended to pass and re-referred to the Commerce and Labor committee.

HF239 (Gardner) Homeowners permitted to recover all damages incurred due to faulty construction.

A handout was given to division members:
"U.S. General Services Administration – Domestic Perdiem Rates"


Testimony was given by:
Scott Andresen– Attorney
Lisa Frenette – Minnesota Builders Association

Representative Davnie moved approval of amendment H0239DE1.
The amendment was adopted.


Representative Davnie moved HF239 to pass as amended and be recommended to pass and re-referred to Commerce and Labor committee.
The motion prevailed.


Representative Davnie moved approval of HF403 be recommended to pass and sent to the Commerce and Labor committee.

HF403 (Gardner) Yard waste containers required to be compostable, and biodegradable standard for certain plastics established.


Representative Davnie moved approval of amendment H0403DE2.
The amendment was adopted.


Representative Davnie moved an oral amendment page one on the H0403DE2 line 1.24 delete the "2012" and insert "2013".
The oral amendment was incorporated.


Representative Davnie moved an oral amendment page one of the H0403DE2 line 1.13 after (c) insert "On or", on page 2, line 2.24 after effective delete "the day following final enactment" and insert "January 1, 2010".
The oral amendment was incorporated.


A handout packet was given to division members:
"NAD Examines Advertising For GP Plastics Corp."


Testimony was given by:
Cliff Cracauer


Representative Davnie moved approval of HF403 to pass as amended and be recommended to pass and re-referred to Commerce and Labor committee.
The motion prevailed.


Representative Davnie moved approval of HF813 be recommended to pass and re-referred to the Commerce and Labor committee.

HF813 (Johnson) Trucking industry classifications of employment regulated.

Testimony was given by:
Don Gerdesmeier, Teamsters Joint Council Local 32
Edward Reynoso, Teamsters Joint Council Local 32
John Hausladen, President of MN Trucking Association
Bob Towey - Independent Contractor
Tom Canilla - Independent Contractor
Phil Raines – Minnesota Association of Contractors and Builders


Handouts were given to division members:
"Independent Contractors IRS 20-Factor Test"
"Agency Comparison of Independent Contractor Definitions – Current"
"Independent Contractor or Employee"
"Use the Broad ABC Test to Define Employer-Employee Relationships"
"Transportation Law Journal"
"Table 1.5: Hypothetical Impact of Misclassifying a Drywall Installation Employee as an Independent Contractor"


Representative Davnie moved approval of HF813 be recommended to pass and re-referred to Commerce and Labor committee.
The motion prevailed.


Representative Fritz moved adoption of the February 25, 2009 minutes.
THE MOTION PREVAILED.


The meeting adjourned at 12:15 P.M.



REP. JIM DAVNIE, CHAIR





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

HF420 (Laine) Existing statutory implied residential construction warranties required to be made as express warranties and be provided to the buyer in writing, and warranty waivers prohibited. HF239 (Gardner) Homeowners permitted to recover all damages incurred due to faulty construction. HF403 (Gardner) Yard waste containers required to be compostable, and biodegradable standard for certain plastics established. HF813 (Johnson) Trucking industry classifications of employment regulated.

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03:17 - Gavel. 04:03 - HF420 (Laine) Existing statutory implied residential construction warranties required to be made as express warranties and be provided to the buyer in writing, and warranty waivers prohibited. 12:34 - HF239 (Gardner) Homeowners permitted to recover all damages incurred due to faulty construction. 31:08 - HF403 (Gardner) Yard waste containers required to be compostable, and biodegradable standard for certain plastics established. 1:00:16 - HF813 (Johnson) Trucking industry classifications of employment regulated. Runs 1 hour, 40 minutes.