Bill Text: MN HF97 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Sales representative termination amended.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-17 - Introduction and first reading, referred to Commerce and Consumer Protection Finance and Policy [HF97 Detail]
Download: Minnesota-2013-HF97-Introduced.html
1.2relating to trade practices; amending termination of sales representatives;
1.3amending Minnesota Statutes 2012, section 325E.37, subdivision 6.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 325E.37, subdivision 6, is amended to read:
1.6 Subd. 6. Scope; limitations. (a) This section applies to a sales representative who,
1.7during some part of the period of the sales representative agreement:
1.8 (1) is a resident of Minnesota or maintains that person's principal place of business
1.9in Minnesota; or
1.10 (2) whose geographical territory specified in the sales representative agreement
1.11includes part or all of Minnesota.
1.12 (b) To be effective, any demand for arbitration under subdivision 5 must be made
1.13in writing and delivered to the principal on or before one year after the effective date of
1.14the termination of the agreement.
1.15 (c) A provision in any contract between a sales representative dealing in plumbing
1.16equipment or supplies and a principal purporting to waive any provision of Laws 2007,
1.17chapters 135 or 140, whether by express waiver or by a provision stipulating that the
1.18contract is subject to the laws of another state, shall be void.
1.19(d) No contract between a sales representative and principal may limit the right of
1.20the sales representative to initiate litigation or alternative dispute resolution in this state.
1.21(e) A principal who establishes a business relationship with a sales representative
1.22to solicit orders for products or services in this state is doing business in this state for
1.23the purposes of this subdivision.
2.1(f) The provisions of this section may not be waived, whether by express waiver or
2.2by any provision in a contract attempting to make the contract or agreement subject to the
2.3laws of another state. A waiver of any provision of this section is void.
2.4(g) This section does not invalidate or restrict any other right or remedy available
2.5to a sales representative, or preclude a sales representative from seeking to recover in
2.6an action on all claims against a principal.
2.7EFFECTIVE DATE.This section is effective the day following final enactment.
1.3amending Minnesota Statutes 2012, section 325E.37, subdivision 6.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 325E.37, subdivision 6, is amended to read:
1.6 Subd. 6. Scope; limitations. (a) This section applies to a sales representative who,
1.7during some part of the period of the sales representative agreement:
1.8 (1) is a resident of Minnesota or maintains that person's principal place of business
1.9in Minnesota; or
1.10 (2) whose geographical territory specified in the sales representative agreement
1.11includes part or all of Minnesota.
1.12 (b) To be effective, any demand for arbitration under subdivision 5 must be made
1.13in writing and delivered to the principal on or before one year after the effective date of
1.14the termination of the agreement.
1.15 (c) A provision in any contract between a sales representative dealing in plumbing
1.16equipment or supplies and a principal purporting to waive any provision of Laws 2007,
1.17chapters 135 or 140, whether by express waiver or by a provision stipulating that the
1.18contract is subject to the laws of another state, shall be void.
1.19(d) No contract between a sales representative and principal may limit the right of
1.20the sales representative to initiate litigation or alternative dispute resolution in this state.
1.21(e) A principal who establishes a business relationship with a sales representative
1.22to solicit orders for products or services in this state is doing business in this state for
1.23the purposes of this subdivision.
2.1(f) The provisions of this section may not be waived, whether by express waiver or
2.2by any provision in a contract attempting to make the contract or agreement subject to the
2.3laws of another state. A waiver of any provision of this section is void.
2.4(g) This section does not invalidate or restrict any other right or remedy available
2.5to a sales representative, or preclude a sales representative from seeking to recover in
2.6an action on all claims against a principal.
2.7EFFECTIVE DATE.This section is effective the day following final enactment.
