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Labor and Consumer Protection Division

FOURTEENTH MEETING

2007-2008 Regular Session - Friday, February 22, 2008

STATE OF MINNESOTA FOURTEENTH MEETING
HOUSE OF REPRESENTATIVES EIGHTY-FIFTH SESSION


LABOR AND CONSUMER PROTECTION DIVISION
of the
COMMERCE AND LABOR COMMITTEE

MINUTES


Representative Jim Davnie, Chair of the Division, called the fourteenth meeting to order at 10:09 A.M. on, February 22, 2008, in Room 5 of the State Office Building.

The Committee Legislative Assistant noted the roll.

Members present:
Davnie, Jim, Chair
Benson, John, Vice-Chair
Anderson, Sarah
Dittrich, Denise
Fritz, Patti
Gunther, Bob
Hornstein, Frank
Howes, Larry
Laine, Carolyn
Scalze, Bev
Shimanski, Ron
Swails, Marsha

Members excused:
Nelson, Michael
Peterson, Neil W.

Representative Davnie called the meeting to order at 10:09 A.M. A quorum was present.



Testifying before the division:
Patrick Lee O'Halloran, Attorney
Scott Andresen, Attorney
Ed Siefert, homeowner from Shoreview, Minnesota


HF3083 (Knuth) Building contractor requirement that homeowner's notice of construction defect be in writing eliminated.

Representative Davnie moved approval of HF 3083 to pass and re-referred to the Commerce and Labor committee.

Testifying on the bill:
Scott Andresen, Attorney
Patrick Lee O'Halloran, Attorney
Pam Perry Weaver, Executive Vice-President Minnesota Builders Assoc.
Steve Sheridan, Attorney

Representative Davnie renewed his motion that HF 3083 be recommended to pass and is re-referred to Commerce and Labor committee.
The motion prevailed.


HF3091 (Gardner) Homeowners permitted to recover all dames incurred due to faulty construction.

Representative Davnie moved approval of HF 3091 to pass and re-referred to the Commerce and Labor committee.

Representative Scalze moved amendment H3091DE1.
The amendment was adopted.

Representative Davnie moved an oral amendment to amendment H3091DE1.

Line 1.12, after (2) strike "the amount necessary to pay" and insert "reasonable costs"
Line 1.12 after housing insert "made necessary"
Line 1.16 after and strike "the"
Line 1.17 strike "amount necessary to pay"
Line 1.17 insert after housing "made necessary"

The oral amendment was adopted.

Representative Davnie renewed his motion that HF 3083 be recommended to pass as amended and re-referred to Commerce and Labor committee.
The motion prevailed.


HF3092 (Madore) Residential building contractor investigations discontinuance prohibited

Representative Scalze moved approval of HF3092 to pass and re-referred to the Commerce and Labor committee.

Testifying on the bill:
Charlie Durenburger, Department of Labor and Industry
Pam Perry Weaver, Executive Vice-President Minnesota Builders Assoc.
Steve Sheridan, Attorney
Nancy Johnson, Minnesota Homewatch Advocacy Group

Representative Scalze renewed her motion that HF 3092 be recommended to pass and re-referred to Commerce and Labor committee.
The motion prevailed.


HF3084 (Scalze) Homeowners provided with a longer period within which to notify contractors of construction defects.

Representative Scalze moved approval of HF3084 to pass and re-referred to the Commerce and Labor committee.

Testifying on the bill:
Patrick Lee O'Halloran, Attorney
Paul Ellranger, Air Tamarack, Inc.
Pam Perry Weaver, Executive Vice-President Minnesota Builders Assoc.
Steve Sheridan, Attorney

Representative Scalze renewed her motion that HF 3084 be recommended to pass and re-referred to Commerce and Labor committee.
The motion prevailed.

HF3085 (Laine) Construction warranties requirement modified, and waivers of the warranty prohibited

Representative Laine moved approval of HF3085 to pass and re-referred to the Commerce and Labor committee.

Representative Laine moved an oral amendment
Line 2.26 strike "contracts entered into" and insert "construction of dwellings or home improvements completed".
The oral amendment was adopted.

Testifying on the bill:
Scott Andresen, Attorney
Pam Perry Weaver, Executive Vice-President Minnesota Builders Assoc.
Steve Sheridan, Attorney

Representative Laine moved an oral amendment
Line 3.13 strike "home improvement"
Line 3.19 strike "home improvement"

The oral amendment was adopted.

Representative Laine renewed her motion that HF 3085 is recommended to pass and re-referred to Commerce and Labor committee.
The motion prevailed.


HF3093 (Knuth) Building standards definition amended standards, bill withdrawn.


Representative Swails moved approval of the February 15, 2008 minutes.
THE MOTION PREVAILED AND THE MINUTES ARE ADOPTED.


The meeting adjourned at 12:01 P.M.


REP. JIM DAVNIE, CHAIR


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

HF3083 (Knuth) Building contractor requirement that homeowner's notice of construction defect be in writing eliminated
HF3084 (Scalze) Homeowners provided with a longer period within which to notify contractors of construction defects
HF3085 (Laine) Construction warranties requirement modified, and waivers of the warranty prohibited.
HF3091 (Gardner) Homeowners permitted to recover all damages incurred due to faulty construction
HF3092 (Madore) Residential building contractor investigations discontinuance prohibited
HF3093 (Knuth) Building standards definition amended