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.