The 88th Legislature of the State of Minnesota began on January 8, 2013 and must adjourn by
May 20, 2013. Legislative leadership set committee deadlines for the session. Bills must clear
all required policy committees in one house by March 15 and must clear all policy committees
in both houses by March 22. The deadline for action on all omnibus finance bills is April 19.
TAP&G is tracking several bills which it finds of interest to our clients. You can easily access
the status of the bills below using the links to the right of each bill. If you should have any
questions about the legislation that TAP&G is monitoring, please contact Lisa Griebel at 612/
573-3004. TAP&G will provide a final report on these bills at the end of the session.
Minnesota Legislative Report
(Please click on the bill numbers for the most current status)
|Bill Description||Senate File||House File|
|Amendment to Minn. Stat. § 593.32, subdivision 1|
Prohibits a citizen from participating in jury service on
account of marital status or sexual orientation
|Consumer fraud regulated|
Chapter 325F: Consumer protection; products and sales
Minn. Stat. § 325F.69 (Prevention of consumer fraud,
unlawful practices) would be amended by adding
subdivision 7 that states that a private action alleging
a violation of this section is in the public interest and
benefits the public.
|Conciliation Court Judgments|
|Recovery of attorney fees|
Minn. Stat. § 491A.02, subdiv. 9 would be amended to
include language that the judgment debtor be liable
for reasonable attorney fees incurred by the judgment
creditor in collecting the judgment.
|Court Filing Fees|
|Court filing fee change||HF264|
|Professional service contracts added to current law regulating building and construction contract law||SF388||HF446|
|Regulating building and construction contracts|
Minn. Stat. § 337.05, subdiv. 1 would be amended to include language that agreements or contracts where a promisor agrees to provide specific insurance coverage to another party or a third party for the negligence or intentional acts or omissions of another party or third party is against public policy and is void and unenforceable.
|Statute of Limitations|
|Limitations of actions for damages based on services or construction to improve real property|
Minn. Stat. § 541.051 would be amended to include language that an action for contribution or indemnity arising out of the defective and unsafe condition of an improvement to real property cannot be brought more than 14 years after substantial completion of the construction.
|Waivers of Liability for Negligent Conduct|
|Prohibiting waivers of liability for negligent conduct|
Adds Minn. Stat. § 604.055 entitled Waiver of Liability for Negligent Conduct that states agreements between parties that purport to release, limit, or waive the liability of one party for damage arising out of the negligent operation, maintenance, or design of the party’s premises is against public policy and void and unenforceable. The agreement is severable from a waiver of liability for injuries resulting from the risk inherent in a particular activity.
|Homeowners Insurance Coverage/Claims Practices
Adds “annual Summary Statements” to Section 65A.303 and “Statement of Optional Coverage Available” to Section 65A.304, and “Payments to Residential contractor” to Section 325E.66
|Witness Fee Increase
Witness fee increased to prevailing Minnesota minimum wage for each hour in attendance or $20 for each day, whichever is more and the standard mileage rate effective at the time of travel, as estimated by the IRS for computing the deductible cost of operating an automobile for business expense purposes.
|Indemnification agreements and building and agreements to insure in building and construction contracts provisions modifications
|Interest on Verdicts, Awards and Judgments|
|Amendment to Minn. Stat. § 549.09
Unifies statute to make interest at the simple interest per annum based on the secondary market yield of one year US Treasury bills, calculated on a bank discount basis. Deletes interest at 10 percent per annum for judgments or awards over $50,000.
For complete Legislative information, visit www.revisor.leg.state.mn.us
Minnesota House of Representatives information can be found at www.house.leg.state.mn.us
Minnesota Senate information can be found at www.senate.mn