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Commerce and Labor

ELEVENTH MEETING

2009-2010 Regular Session - Tuesday, March 17, 2009

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

COMMITTEE ON COMMERCE AND LABOR

MINUTES


Representative Joe Atkins, Chair of the Commerce and Labor Committee, called the meeting to order at 4:36 P.M. on March 17, 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
SANDERS, Tim

The following members were excused:

MURDOCK, Mark

A quorum was present.


Representative Hoppe moved that the minutes of March 12, 2009 be adopted. THE MOTION PREVAILED.


HF927 (Mahoney) Construction codes and licensing modified, high pressure piping profession provisions added, appropriations restrictions modified, and authority to adopt rules for obtaining boiler licenses extended.

Representative Davids moved that the Committee Report for HF927 be adopted. THE MOTION PREVAILED.

Representative Davids moved HF927.

The following people testified on HF927:

Representative Tim Mahoney

Representative Davids moved HF927 be recommended to pass and re-referred to the Committee on Finance. THE MOTION PREVAILED.



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.

Representative Atkins moved that the Committee Report for HF420 be adopted. THE MOTION PREVAILED.

Representative Atkins moved HF420.

The following people testified on HF420:

Representative Caroline Laine
Fred Jacobberger, Attorney
Lisa Frenette, MN Builder’s Assn

Representative Atkins moved to orally amend HF420 as follows:
Line 3.23, delete the word "explicit".
Line 3.25, delete the word "explicit".
THE AMENDMENT WAS ADOPTED.

Representative Atkins moved HF420, as amended, be recommended to pass and re-referred to the Committee on Civil Justice. THE MOTION PREVAILED.


HF330 (Scalze) Homeowners provided with a longer period within which to notify contractors of construction defects.

Representative Atkins moved that the Committee Report for HF330 be adopted. THE MOTION PREVAILED.

Representative Atkins moved HF330.

The following people testified on HF330:

Representative Bev Scalze
Fred Jacobberger, Attorney
Lisa Frenette, MN Builder’s Assn

Representative Atkins moved HF330 be recommended to pass and re-referred to the Committee on Civil Justice. THE MOTION PREVAILED.


HF1532 (Kalin) Secretary of State filings, forms, records, submissions, motions, and orders regulated.

Representative Atkins moved HF1532.

The following people testified on HF1532:

Representative Jeremy Kalin
Bert Black, MN Secretary of State

Representative Atkins moved the H1532A1 amendment. THE AMENDMENT WAS ADOPTED.

Representative Atkins moved HF1532, as amended, be recommended to pass and re-referred to the Committee on Civil Justice. THE MOTION PREVAILED.


HF1463 (Davnie) Various filings and fees regulated and terms defined.

Representative Davnie moved HF1463.

Representative Davnie moved the H1463A1 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF1463:

Representative Jim Davnie
Bert Black, MN Secretary of State

Representative Davnie moved HF1463, as amended, be recommended to pass and re-referred to the Committee Finance with a recommended re-referral to the Committee on State Government Finance. THE MOTION PREVAILED.


HF569 (Sailer) Recycled paint pilot program implementation required by paint manufacturers.

Representative Atkins moved HF569.

The following people testified on HF569:

Representative Brita Sailer
John Nesse, MN Paint & Wallcovering Employers Assoc.

Representative Atkins moved HF569 be recommended to pass and re-referred to the Committee on Civil Justice. THE MOTION PREVAILED.


HF362 (Knuth) Homeowner's written notice requirement to building contractor of construction defect eliminated.

Representative Atkins moved that the Committee Report for HF362 be adopted. THE MOTION PREVAILED.

Representative Knuth moved HF362.

Representative Atkins moved HF362 be laid over.


HF1406 (Dill) Lawful gambling tax provisions modified.

Representative Atkins moved HF1406.

Representative Atkins moved the H1406A1 amendment. THE AMENDMENT WAS ADOPTED.

Representative Zellers moved the B1 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF1406:

Representative David Dill
Colt Horton

Representative Atkins moved HF1406, as amended, be recommended to pass and re-referred to the Committee on Civil Justice. THE MOTION PREVAILED.


HF993 (Dill) Financial statements submitted to the attorney general by charitable organizations audit requirement adjusted.

Representative Atkins moved HF993.

The following people testified on HF993:

Representative David Dill
Carl Peterson, CPA

Representative Atkins moved HF993 be recommended to pass and re-referred to the General Register. THE MOTION PREVAILED.


HF1098 (Anzelc) Compulsive gambling public awareness and education funding provided, and money appropriated.

Representative Anzelc moved HF1098.

The following people testified on HF1098:

Representative Tom Anzelc
Don Feeney, Policy and Research Director, MN State Lottery

Representative Anzelc moved HF1098 be recommended to pass and re-referred to the Committee on Finance. THE MOTION PREVAILED.


HF528 (Davnie) Reverse mortgage requirement eliminated, counseling by an independent housing agency mandated, lender default regulated, liability imposed on a subsequent purchaser of a reverse mortgage, right of recission provided, and suitability defined.

Representative moved that the Committee Report for HF528 be adopted. THE MOTION PREVAILED.

Representative Davnie moved HF528.

Representative Davnie moved the H528A101 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF528:

Representative Jim Davnie
Karla Heyl, Assistant Attorney General
Christeen Stone, AARP
Darrell Dahlheimer, Lutheran Social Services
Beth Paterson, Prestige Mortgage
Matthew Lemke, Winthrop and Weinstein

Representative Davnie moved HF528, as amended, be recommended to pass and re-referred to the Committee on Civil Justice. THE MOTION PREVAILED.


HF680 (Kalin) Federal stimulus funding allocated for energy programs.

Representative Atkins moved HF680 as follows:
Delete everything after the enacting clause and insert the language from H0680UE1. THE MOTION PREVAILED.

Representative Atkins moved the H0680A9 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF680:

Representative Jeremy Kalin

Representative Atkins moved HF680, 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 and Policy Division. THE MOTION PREVAILED.


Representative Lillie assumed the gavel at 6:03 p.m.


HF1512 (Atkins) Electronic bingo authorized, pull-tab dispensing devices modified, clarifying and conforming changes made.

Representative Atkins moved HF1512.

Representative Atkins moved the H1512A3 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF1512:

Representative Joe Atkins
Ken Rockler
Tom Barrett, Director, MN Gambling Control Board
Craig Cahoon, Moss Distributing

Representative Atkins moved HF1512 be laid over.


HF1511 (Atkins) Lawful gambling provisions modified.

Representative Atkins moved HF1511.

Representative Atkins moved the H1511A2 amendment. THE AMENDMENT WAS ADOPTED.

Representative Atkins moved the H1511A3 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF1511:

Representative Joe Atkins
Tom Barrett, Director, MN Gambling Control Board

Representative Atkins moved HF1511, as amended, be recommended to pass and re-referred to the General Register. THE MOTION PREVAILED.


HF362 (Knuth) Homeowner's written notice requirement to building contractor of construction defect eliminated.

Representative Knuth moved HF362.


Representative Atkins assumed the gavel at 6:23 p.m.


The following people testified on HF362:

Representative Kate Knuth
Fred Jacobberger, Attorney
Michael Noonan, Rottlund Homes

Representative Knuth moved HF362 be recommended to pass and re-referred to the Committee on Civil Justice. THE MOTION PREVAILED.


The meeting was adjourned at 6:31 P.M.




Rep. Joe Atkins, Chair




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

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.
HF330 (Scalze) Homeowners provided with a longer period within which to notify contractors of construction defects.
HF362 (Knuth) Homeowner's written notice requirement to building contractor of construction defect eliminated.
Pending Referral - HF 1463 (Davnie) Various filings and fees regulated and terms defined.
Pending Referral - HF1532 (Kalin) Secretary of State filings, forms, records, submissions, motions, and orders regulated.
HF569 (Sailer) Recycled paint pilot program implementation required by paint manufacturers.
HF1406 (Dill) Lawful gambling tax provisions modified.
HF993 (Dill) Financial statements submitted to the attorney general by charitable organizations audit requirement adjusted.
HF1511 (Atkins) Lawful gambling provisions modified.
HF1512 (Atkins) Electronic bingo a