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Commerce and Labor

EIGHTEENTH MEETING

2007-2008 Regular Session - Thursday, March 22, 2007

STATE OF MINNESOTA EIGHTEENTH 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 4:12 P.M. on March 22, 2007, 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
PETERSON, Aaron
JOHNSON, Sheldon
ANZELC, Tom
DOMINGUEZ, Augustine
KNUTH, Kate
TILLBERRY, Tom
ZELLERS, Kurt
PAULSEN, Erik
DeLaFOREST, Chris
SIMPSON, Dean
ANDERSON, Sarah
BERNS, John

No members were absent or excused.

A quorum was present.

HF 1015 (Murphy) Restroom access for customers regulated.

Representative Lillie moved HF 1015.

The following people testified on HF 1015:

Representative Lillie assumed the gavel at 4:12 P.M.

Representative Atkins assumed the gavel at 4:13 P.M.

Representative Erin Murphy
Jim Fennel, Crohn's and Colitis Foundation of MN
Dawn Sillars, Patient Advocate
Bridget Alldritt, Patient Advocate
Zoe Nauen, Patient Advocate

Representative Lillie moved the A07-0518 amendment. THE AMENDMENT WAS ADOPTED.

Representative Lillie moves that HF 1015, as amended, be recommended to pass and re-referred to the Committee on Public Safety and Civil Justice. THE MOTION PREVAILED.

HF 1712 (Masin) Rental vehicle coverage regulated.

Representative Atkins moved HF 1712.

Representative Atkins moved the H1712DE1 amendment. THE AMENDMENT WAS ADOPTED.
Representative Knuth assumed the gavel at 4:27 P.M.

The following people testified on HF 1712:

Representative Sandra Masin
Kevin Cooper, Enterprise Rent-a-Car
John Kavanaugh, Cook, Hill, & Girard

Representative Atkins moved that HF 1712, as amended, be recommended to pass. THE MOTION PREVAILED.

HF 1499 (Hortmann) Uniform Prudent Management of Institutional Funds Act adopted as approved and recommended by the National Conerence of Commissions on Uniform State Law.

Representative Knuth moved HF 1499.

Representative Knuth moved the H1499A1 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 1499:

Representative Melissa Hortmann
Harry Hainsworth, Uniform State Law Commissioner
Jim Mullen, Investment Officer, Catholic Community Foundation, retired

Representative Knuth moved that HF 1499, as amended, be recommended to pass. THE MOTION PREVAILED.

HF 287 (Holberg) Employers required to give notice of employee rights relating to personnel record review and access.

Representative Zellers moved HF 287.

Representative Atkins moved the H0287A2 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 287:

Representative Atkins
Rich Neumeister

Representative Atkins moved that HF 287, as amended, be recommended to pass. THE MOTION PREVAILED.

HF 2137 (Sailer) Petroleum inspection fee use for weatherization assistance authorized.

Representative Knuth moved HF 2137.

The following people testified on HF 2137:

Representative Brita Sailer
Jeremy De Fiebre, Department of Commerce

Representative Knuth moved that HF 2137 be recommended to pass and re-referred to Energy Finance and Policy Committee. THE MOTION PREVAILED.

HF 1287 (Davnie) Colorectal screening tests medical insurance coverage required.

Reprsentative Davnie moved HF 1287.

The following people testified on HF 1287:

Representative Jim Davnie
Dominic Spaseto, on behalf of the American Cancer Society

Representative Davnie moved that HF 1287 be recommended to pass. THE MOTION PREVAILED.

HF 1781 (Davnie) Motor carrier insurance requirements regulated.

Representative Davnie moved HF 1781.

The following people testified on HF 1781:

Representative Jim Davnie
Tina Fox, Minnesota Council of Nonprofits

Representative Davnie moved that HF 1781 be recommended to pass. THE MOTION PREVAILED.

Representative Atkins assumed the gavel at 4:59 P.M.

HF 529 (Thao) Amino acid-based elemental formula health insurance coverage required.

Representative Atkins moved HF 529.

The following people testified on HF 529:

Representative Cy Thao

Representative Atkins moved that HF 529 be recommended to pass. THE MOTION PREVAILED.

Representative Dominguez assumed the gavel at 5:03 P.M.

HF 1554 (Atkins) Payroll cards regulated.

Representative Atkins moved HF 1554.

Representative Atkins testified on HF 1554.

Representative Atkins moved that HF 1554 be recommended to pass. THE MOTION PREVAILED.

HF 1949 (Atkins) Insurer conduct regulated relating to collision cases.

Representative Atkins moved HF 1949.

Representative Atkins laid HF 1949 over.

HF 1892 (Atkins) Life insurance continuation coverage regulated, mortality tables use authorized in calculating reserves for certain life policies; and other life and auto insurance regulation provided.

Representative Atkins moved HF 1892.

Representative Atkins testified on HF 1892.

Representative Atkins moved that HF 1892 be recommended to pass. THE MOTION PREVAILED.

HF 2056 (Atkins) Financial institutions charges, expenses, electronic financial terminals, and investments regulated.

Representative Atkins moved HF 2056.

The following people testified on HF 2056:

Representative Joe Atkins
Kevin Murphy, Dept. of Commerce

Representative Atkins moved the H2056A1 amendment. THE AMENDMENT WAS ADOPTED.
Representative Atkins moved that HF 2056, as amended, be recommended to pass. THE MOTION PREVAILED.

HF 2045 (Atkins) Petroleum products specifications updated, and term definitions modified.

Representative Atkins moved HF 2045.

Representative Atkins moved the H2045A3 amendment. THE AMENDMENT WAS ADOPTED.

Representative Atkins moved that HF 2045, as amended, be recommended to pass. THE MOTION PREVAILED.

Representative Zellers moved that HF 1949 be recalled from the table. THE MOTION PREVAILED.

Representative Atkins moved the H1949A1 amendment. THE AMENDMENT WAS ADOPTED.

Representative Atkins moved the 1949A2 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 1949:

Representative Joe Atkins
Rick Tuury, Vice President for Industry Relations, Autotex & Solera

Representative Atkins moved that HF 1949, as amended, be recommended to pass. THE MOTION PREVAILED.

Representative Lillie assumed the gavel at 5:26 P.M.

HF 1224 (Hornstein) Unions; public funds use prohibited for encouraging or discouraging union organizing, record keeping required, and enforcement and civil penalties provided.

Representative Lillie moved HF 1224.

Representative Lillie moved to orally amend HF 1224 as follows: L. 30 after "$" insert 25,000 THE AMENDMENT WAS INCORPORATED.

The following people testified on HF 1224:

Representative Hornstein
Brad Lehto, AFL-CIO
Dave Diederichs, MN Chamber of Commerce

Representative Lillie moved that HF 1224, as amended, be recommended to pass. THE MOTION PREVAILED.

HF 766 (Westrom) Motor fuel specifications, standards, and requirements modified.

Representative Zellers moved HF 766.

Representative Zellers moved the H766A3 amendment. THE AMENDMENT WAS ADOPTED.

Representative Zellers moved HF 766, as amended, be recommended to pass. THE MOTION PREVAILED.

HF 740 (Mahoney) Price gouging prohibited on essential consumer good and services including food, water, fuel, gasoline, medical supplies, and other items; and enforcement authority provided.

Representative Mahoney laid HF 740 on the table.

HF 1401 (Fritz) Reverse mortgage incentive program established, eligibility requirements and other standards provided, and money appropriated.

Representative Lillie moved HF 1401.

Representative Lillie moved that HF 1401 be recommended to pass and referred to the Committee on Finance. THE MOTION PREVAILED.

Representative Anderson assumed the gavel at 6:00 P.M.

HF 1675 (Simon) Car buyers' bill of rights enacted, disclosures required, certified used motor vehicle sales regulated, and cancellation option required on purchase of used motor vehicle.

Representative Lillie moved HF 1675.

Representative Lillie moved the H1675DE1 amendment. THE AMENDMENT WAS ADOPTED.

Representative Simon testified on HF 1675.

Representative Lillie moved that HF 1675, as amended, be recommended to pass. THE MOTION PREVAILED.

Representative Berns assumed the gavel at 6:11 P.M.

HF 1543 (Lesch) Trade; President and Congress memorialized, by resolution, to replace the Fast Track Trade Authority system.

Representative Mahoney moved HF 1543.

Representative Mahoney moved that HF 1543 be recommended to pass. THE MOTION PREVAILED.

HF 1570 (Thao) Compulsive gambling public awareness and treatment funding provided, and money appropriated.

Representative Anzelc moved HF 1570.

The following people testified on HF 1570:

Representative Cy Thao
Lance Holthusen, Executive Director, Northstar Problem Gambling Alliance
Don Feeney, Research and Planning Director, MN State Lottery

Representative Anzelc moved that HF 1570 be recommended to pass and re-referred to the Finance. THE MOTION FAILED.

Representative Zellers moved to reconsider. THE MOTION PREVAILED.

Representative Anzelc renewed his motion that HF 1570 be recommended to pass and referred to the Committee on Finance. THE MOTION PREVAILED.

Representative Atkins assumed the gavel at 6:23 P.M.

HF 934 (Clark) Polybrominated diphenyl ether manufacture and sale restricted.

Representative Atkins moved HF 934.

Representative Atkins laid HF 934 on the table.

Atkins moves to reconsider HF 1892. THE MOTION PREVAILED.

Representative Zellers assumed the gavel at 6:31 P.M.

Representative Atkins moved the H1892A2 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 1892:
Representative Joe Atkins
John Gross, Dir. of Health Care Policy, Dept. of Commerce

Representative Atkins moved the H1892A2 amendment. THE AMENDMENT WAS ADOPTED.

Representative Atkins moved the H1892A3 amendment. THE AMENDMENT WAS ADOPTED.

Representative Atkins moved the H1892A4 amendment. THE AMENDMENT WAS ADOPTED.

Representative Atkins moved that HF 1892, as amended, be recommended to pass. THE AMENDMENT WAS ADOPTED.

Representative Zellers moved to recall HF 934 from the table. THE MOTION PREVAILED.

Representative Zellers moved the H0934A3 amendment.

Representative Zellers moved to orally amend the H0934A3 amendment as follows:

L 1.2 delete "8 to14" and insert "18 to 24", L 1.23 delete the number "6" and insert "12", after L

1.1 insert "Page 1, delete lines 13 to 15" and after L 1.7 insert " Page 2, line 34, delete

"pentadiphenyl" and insert "pentabromodiphenyl" and delete "octadiphenyl" and insert

"octabromodiphenyl" THE AMENDMENT WAS INCOPORATED INTO THE AMENDMENT

Representative Zellers moved the H0934A3, as amended. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 934:

Representative Karen Clark
Kathleen Schuler, Senior Policy Analyst, Institute for Agriculture and Trade Policy
Cheri Munyon, on behalf of the MN Fire Chiefs Association, Fire Marshal's Association, Arson Investigator's Association

Representative Zellers moved that HF 934, as amended, be recommended to pass and re-referred to the Committee on Finance. THE MOTION PREVAILED.

Representative Atkins assumed the gavel at 6:48 P.M.

HF 1599 (Masin) Northwest Airlines, Inc., mechanics unemployment benefits eligibility and extra benefits provided.

Representative Atkins moved HF 1599

Representative Atkins moved the

The following people testified on HF 1599:

Representative Sandra Masin
Ted Ludwig, President of Local 33
Dave Diderichs, MN Chamber of Commerce
Lee Nelson, Director of Legal Affairs, MN Unemployment Insurance Program

Representative Atkins moved that HF 1599 be recommended to pass and referred to the Committee on Finance. THE MOTION PREVAILED.

HF 1472 (Huntley) Compulsive gambling education, treatment, and assessment provided, report required, and money appropriated.

Representative Atkins moved HF 1472.

Representative Atkins moved H1472DE1 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 1472:

Representative Tom Huntley
Mr. Feeny,

Representative Atkins moved that HF 1472, as amended, be recommended to pass and referred to the Committee on Finance. THE MOTION PREVAILED.

HF 1729 (Huntley) Health care, welfare data, medical assistance eligibility, and MinnesotaCare provisions modified; MinnesotaCare II and Minnesota Health Insurance Exchange established; and Section 125 plans required.

Representative Atkins moved HF 1729.

Representative Atkins moved the A07-0516 amendment. THE AMENDMENT WAS ADOPTED.

Representative Atkins moved the H1729A2 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 1729:

Representative Tom Huntley
Scott Leitz, MN Department of Health
Twaila Brace, MN Citizen's Council on Healthcare, President
Jennette Coleman, Vice President of Public Policy and Government Relations, Medica
Robert Freeman, Health Partners

Representative Ruud testified to the H1729A2 amendment.

Representative Atkins moved that HF 1729, as amended, be recommended to pass and referred to the Committee on Finance. THE MOTION PREVAILED.

HF 1209 (Mullery) Homeowners transactions regulated when homes are in foreclosure.

Representative Muller moved HF 1209.

Representative Mullery moved the H1209A2 amendment. THE AMENDMENT WAS ADOPTED.

The following people testified on HF 1209:

Representative Joe Mullery
Ron Elwood, Legal Aid Services

Representative Mullery moved that HF 1209, as amended, be recommended to pass. THE MOTION PREVAILED.

The meeting was adjourned at 7:56 P.M.


Rep. Joe Atkins, Chair


John Reich, Committee Legislative Asst.
More Info On This Meeting..

HF1015 (Murphy) Restroom access for customers regulated.
HF1712 (Masin) Rental vehicle coverage regulated.
HF1499 (Hortman) Uniform Prudent Management of Institutional Funds Act adopted as approved and recommended by the National Conference of Commissions on Uniform State Law.
HF0287 (Holberg) Employers required to give notice of employee rights relating to personnel record review and access.
HF2137 (Sailer) Petroleum inspection fee use for weatherization assistance authorized.
HF1287 (Davnie) Colorectal screening tests medical insurance coverage required.
HF1781 (Davnie) Motor carrier insurance requirements regulated.
HF1224 (Hornstein) Unions; state funds use prohibited for encouraging or discouraging union organizing.
HF1554 (Atkins) Payroll cards regulated.
HF1949 (Atkins) Insurer conduct regulated relating to collision cases.
HF1892 (Atkins) Life insurance continuation coverage regulated, mortality tables use authorized in calculating reserves for certain life policies, and other life and auto insurance regulation provided.
HF2056 (Atkins) Financial institutions charges, expenses, electronic financial terminals, and investments regulated.
HF2045 (Atkins) Petroleum products specifications updated, and term definitions modified.
HF1729 (Huntley) Health care, welfare data, medical assistance eligibility, and MinnesotaCare provisions modified; MinnesotaCare II and Minnesota Health Insurance Exchange established; and Section 125 plans required.
HF1472 (Huntley) Compulsive gambling education, treatment, and assessment provided, social and economic costs of gambling study provided, and money appropriated.
HF1570 (Thao) Compulsive gambling public awareness and treatment funding provided, and money appropriated.
HF0529 (Thao) Amino acid-based elemental formula health insurance coverage required.
HF1401 (Fritz) Reverse mortgage incentive program established, eligibility requirements and other standards provided, and money appropriated.
HF1543 (Lesch) Trade; President and Congress memorialized, by resolution, to replace the Fast Track Trade Authority system.
HF1675 (Simon) Car buyers' bill of rights enacted, disclosures required, dealer compensation for vehicle financing capped, certified used motor vehicle sales regulated, and cancellation option required on purchase of used motor vehicle.
HF1209 (Mullery) Homeowners transactions regulated when homes are in foreclosure.
HF0048 (Mullery) Consumer credit scores and history use prohibited in underwriting automobile insurance policies.
HF1599 (Masin) Northwest Airlines, Inc., mechanics unemployment benefits eligibility and extra benefits provided.
HF0934 (Clark) Polybrominated diphenyl ether manufacture and sale restricted.
HF0766 (Westrom) Motor fuel specifications, standards, and requirements modified.
HF0740 (Mahoney) Price gouging prohibited on essential consumer good and services including food, water, fuel, gasoline, medical supplies, and other items; and enforcement authority provided.

HF1758 (Davnie) has been removed.
HF1571 (Lesch) has been removed.
HF1572 (Hortman) has been removed.
HF0872 (Anzelc) has been removed.
HF1077 (Ruud) has been removed.
HF0766 (Westrom) has been added.