Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 260-S.F.No. 432 
           An act relating to employment; regulating certain 
          construction bids; providing penalties; proposing 
          coding for new law in Minnesota Statutes, chapter 181. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [181.721] [CONSTRUCTION BID EQUITY.] 
    Subdivision 1.  [WORKERS' COMPENSATION AND UNEMPLOYMENT 
CONTRIBUTION COSTS.] A successful bidder on a project must 
provide coverage for workers' compensation and unemployment 
compensation for its employees required under chapters 176 and 
268, respectively, and other state and federal laws. 
    Subd. 2.  [EMPLOYEE STATUS.] Employee status shall be 
determined using the same tests and in the same manner as 
employee status is determined under the applicable workers' 
compensation and unemployment insurance laws and rules. 
    Subd. 3.  [SCOPE.] This section applies to any 
nonresidential project for the construction, repair, remodeling, 
alteration, conversion, modernization, improvement, 
rehabilitation, replacement, or renovation of a building or 
structure. 
    Subd. 4.  [CIVIL REMEDY.] A person injured by a violation 
of subdivision 1 may bring an action for damages against the 
violator.  There is a rebuttable presumption that a losing 
bidder on a project on which a violation of subdivision 1 has 
occurred has suffered damages in an amount equal to the profit 
it projected to make on its bid.  The court may award attorney 
fees, costs, and disbursements to a party recovering under this 
subdivision. 
    Subd. 5.  [PENALTY.] In addition to any other penalties 
provided by law for the failure to obtain required workers' 
compensation coverage or the failure to make unemployment 
insurance contributions, a person violating subdivision 1 is 
guilty of a misdemeanor. 
    Presented to the governor May 28, 1991 
    Signed by the governor May 31, 1991, 4:47 p.m.