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HF 3512

as introduced - 91st Legislature (2019 - 2020) Posted on 02/19/2020 03:44pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to construction codes; clarifying duties in administering the contractor
recovery fund; amending Minnesota Statutes 2018, section 326B.89, by adding
subdivisions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 326B.89, is amended by adding a subdivision
to read:


new text begin Subd. 5a. new text end

new text begin Statute of limitations. new text end

new text begin The time limitations relating to construction defects
found in section 541.051 apply to applications for compensation made under this section.
new text end

Sec. 2.

Minnesota Statutes 2018, section 326B.89, is amended by adding a subdivision to
read:


new text begin Subd. 6a. new text end

new text begin Department duties. new text end

new text begin The department shall provide assistance to an owner
making or inquiring about making an application for compensation from the contractor
recovery fund. The commissioner shall designate an employee of the department to act as
a liaison for the purposes of:
new text end

new text begin (1) explaining clearly and concisely to an owner the information to be included and the
process for submitting an application for compensation to the commissioner;
new text end

new text begin (2) explaining clearly and concisely to an owner the difference between obtaining a
default judgment and a final judgment and the effect the type of judgment has on the burden
of proof for an owner in a hearing before an administrative law judge under subdivision 8;
new text end

new text begin (3) informing an owner that they may wish to consult with an attorney who is able to
provide counsel to the owner when the department is unable to provide such assistance; and
new text end

new text begin (4) assisting an owner by responding to any other questions the owner may have when
completing the application for compensation or during other periods of the compensation
process.
new text end