Minnesota Legislative Bulletin
March 10, 2008
S.F. 3114, authored by Sen. Michael Jungbauer (R-East Bethel), removes the exemption of residential construction in Prompt Payment of Subcontractors in MN Statutes 337.10.3. This legislation was called the Contractor’s Bill of Rights when it was originally passed in 1996. Senator Jungbauer attended a recent meeting of a newly formed group called Minnesota Association of Residential Subcontractors and Suppliers and announced the introduction of this bill. You may remember reading about another group who recently organized, Minnesota Contractors Coalition (now known as the Minnesota Contractors Bill of Rights Coalition). Their purpose is to also amend that section of the law and include other amendments.
Click HERE on this link to read the text of the bill:
Look for a meeting notice very shortly to hear from
representatives of these two groups and learn more about their objectives. We will discuss
how, or if, Northwestern Lumber Association should participate.
H.F. 1595, authored by Rep. Marsha Swails, Woodbury, would require
builders to pay attorney fees. The bill passed out of the Public Safety and Civil Justice
Committee on a voice vote and was sent directly to the floor. There is a companion to this
bill in the Senate (S.F. 2218) but it has not been scheduled for a hearing.
H.F. 3083, introduced by Rep.
Knuth (D-New Brighton), would eliminate the requirement that homeowners put their notice
of construction defect in writing.
H. F. 3084, introduced by Rep. Scalze (D-Little Canada), would allow the
homeowner up to one year to contact the builder or remodeler once damage has been
discovered. Currently, the homeowner has up to six months to contact the builders with a
report of damage.
H. F. 3085, introduced by Rep. Laine (D-Columbia Heights), does not allow
a builder to provide an alternative warranty.
H. F. 3091, introduced by Rep. Gardner (D-Shoreview), dramatically
expands what kind of damages can be recovered in a warranty claim. Basically, it allows
for limitless damages. Currently, the warranty statute requires that damages be limited to
the amount necessary to remedy the problem.
H. F. 3092, introduced by Rep. Madore (D-Apple Valley), would allow the
Department of Labor & Industry to continue investigations of a residential building
contractor on the grounds that a warranty claim has been made.
H. F. 3093, introduced by Rep. Knuth (D-New Brighton), allows for the
code to be supplemented with structural, mechanical, electrical and quality standards for
the geographic area in which the house is built.
(Source: Builders Association of Minnesota)
SF 2390: Social Security Number
Restrictions
February 20th the Senate Commerce Committee met to discuss S.F. 2390, the legislation
intended to solve the problem related to the restriction on the use of social security
numbers. CDIA has indicated that the amendment solves their problem with last year’s
legislation and that if this language is enacted, the credit bureaus will continue to
provide credit reports to retailers in Minnesota.
The solution adopted by the Senate Commerce Committee still has a long way to go in the legislative process. It will be much more problematic to get this language passed through the House of Representatives. MnRA will be meeting with other business groups to discuss next steps. If you have any comments, please forward to shana@mnretail.org. (Source: Minnesota Retailers Assn.)
Regards,
Paula Siewert, CAE
President
Northwestern Lumber Association
800-469-9078