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Day at the Capitol

BAM Day at the Capitol – 2023 Legislative Priorities

Below is a letter that was used to raise Legislative Priorities to any attendees at the BAM Day at the Capitol. Additional Resources found below as well.

 

WHO WE ARE

Since 1974, The Builders Association of Minnesota (BAM) has provided legislative, regulatory, and court protection for members of the Minnesota home-building industry. Our membership of nearly 1600 residential builders, remodelers, subcontractors, and industry partners are joined together through eleven local associations across Minnesota, and we are proud to be the statewide voice of the Minnesota home building industry! BAM advocates for legislation that creates opportunities for tomorrow’s residential construction workforce, increases overall housing availability, promotes housing affordability, and reduces one-size-fits-all mandates.

 

2023 LEGISLATIVE PRIORITIES

Construction Careers; Workforce Development (SUPPORT). Tomorrow’s workforce must be created today by increasing opportunities in high school and higher education for all students to choose family sustaining construction careers:

  1. BAM Supports SF1177 (Putnam), which expands Workforce Scholarships in higher education, to now include students in the field of construction, for 2-4 year degrees, certification, and classes. Currently this scholarship is funded at $4.5 million, and under the new bill it would grow to $25 million over two years.
  2.  BAM Supports MNSCU’s budget proposal in the Higher Education Committees which would create a “Center of Excellence” for Construction careers. BAM intends to be an advisor to the system on which careers, certification programs, and classes would be offered across the State.

Increasing Housing Units & Addressing Housing Disparities (SUPPORT).

  • BAM Supports SF22 (Oumou Verbeten) / HF12 (Agbaje) First-Generation Homebuyers Down Payment Assistance Fund, which will create 5,000 new first-generation homebuyers statewide over the next three years, by utilizing targeted down payment assistance (up to $32K per household).

New Wage Theft Requirements Shift Liability To GC’s & Project Owners (OPPOSE).

  • While BAM supports efforts to reduce or eliminate wage theft, BAM opposes SF1988 (Seeberger)/ HF1859 (Feist) which introduce new enforcement provisions that impractically hold contractors and project owners of construction sites liable when a subcontractor(s) is alleged to have committed wage theft! The bill specifies that a contractor entering into a construction contract assumes and is liable for any unpaid wages, fringe benefits, and resulting liquidated damages owed to a claimant or third party. Instead, BAM supports aggressive enforcement of the robust wage theft laws passed in 2019.

Costly Employer Mandates (OPPOSE).

  • Paid Family Leave: SF2 (Mann)/ HF2 (Richardson) would create a new, mandatory 24-week paid leave program for ALL Minnesota businesses regardless of size. Initially funded by drawing down $1. 7B of the state budget surplus, the program would be funded ongoing by imposing a .7% payroll tax, to be split between employees and employers. BAM joins industry allies in opposition to these well-meaning but massively expensive one-size-fits-all mandates. Instead, BAM supports preserving private employer rights to develop wage and benefit packages to retain employees and remain competitive.

Suggested amendments to improve the bill:

  1. Limit the leave to 12 weeks
  2. Adopt the scope of what is defined as a family member
  3. Exempt employers with 50 or fewer employees

 

Additional Resources:

First Generation Homebuyers & Paid Family/Medical Leave

Capital Gains Fact Sheet

S.F. No. 1988 – Wage Protection for Construction Workers

This is the proposed SF No. 1998 bill, which seeks to provide additional wage protection to construction workers. 

 

Section 1. Examination of records. [§ 177.27, subd. 1] Authorizes the commissioner of labor and industry to transcribe the books, registers, payrolls, and other records as necessary and to question employees for compliance under section 181.165 (wage protection; construction workers).

Section 2. Compliance orders. [§ 177.27, subd. 4] Authorizes the commissioner of labor and industry to issue orders to comply with section 181.165 (wage protection; construction workers). Specifies that a contested case proceeding must then be held in accordance with section 181.165.

Section 3. Court actions; suits brought by private parties. [§ 177.27, subd. 8] Allows an employee to bring a civil action for a violation of section 181.165. Specifies that a contractor that has assumed a subcontractor’s liability is liable to an employee for the full amount of wages, less any amount the contractor can show was actually paid and for liquidated damages.

Section 4. District court jurisdiction. [§ 177.27, subd. 9] Provides that an action brought for a violation of section 181.165 may be filed in district court.

Section 5. Attorney fees and costs. [§ 177.27, subd. 10] Specifies that a court order an employer found to have committed a violation of section 181.165 to pay the employee or employees reasonable costs, disbursements, witness fees, and attorney fees.

Section 6. Wage protection; construction workers. [§ 181.165] Subdivision 1. Definitions. Defines terms for this section regarding wage protection for construction workers. Terms defined are claimant, commissioner, construction contract, contractor, owner, and subcontractor.

Subdivision 2. Assumption of liability. Specifies that a contractor entering into a construction contract assumes and is liable for any unpaid wages, fringe benefits, and resulting liquidated damages owed to a claimant or third party. Prohibits a contractor from evading liability under this section either by agreement or other actions.

Subdivision 3. Enforcement. Allows an employee to designate a person, organization, or collective bargaining agent authorized to file a complaint with the commissioner or in court to make a wage claim on the claimant’s behalf. Allows the attorney general to bring a civil action on behalf of employees.

Subdivision 4. Payroll records; data. Requires a subcontractor to provide payroll records and other data for all workers, including independent contractors, providing labor on the project to a requesting contractor or subcontractor. Allows a contractor to withhold payments owed to a subcontractor at any tier for a failure to comply with a request for information. Prohibits a contractor or subcontractor from disclosing an individual’s personal identifying information to the general public.

Subdivision 5. Payments to contractors and subcontractors. Specifies that this section does not alter any payment obligations to contractors and subcontractors required under the statute governing building and construction contracts unless permitted by this section.

Subdivision 6. Exemptions. Provides that nothing in this section diminishes the rights, privileges, or remedies of any employee under any collective bargaining agreement. Allows provisions of this section to be waived by a collective bargaining agreement. Exempts work for which prevailing wage rates apply.

Section 7. Effective date. Provides an effective day of August 1, 2023, and applicable to contracts or agreements entered into, renewed, modified, or amended on or after that date.