Bill Text: MN SF249 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Residential contractors insurance claims for goods and services regulation
Sponsorship: Slight Partisan Bill (Republican 7-3)
Status: (Passed) 2011-05-24 - Governor approval [SF249 Detail]
Download: Minnesota-2011-SF249-Introduced.html
Bill Title: Residential contractors insurance claims for goods and services regulation
Sponsorship: Slight Partisan Bill (Republican 7-3)
Status: (Passed) 2011-05-24 - Governor approval [SF249 Detail]
Download: Minnesota-2011-SF249-Introduced.html
1.2relating to commerce; regulating the provision of certain goods and services of
1.3residential contractors; providing enforcement;amending Minnesota Statutes
1.42010, section 325E.66.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 325E.66, is amended to read:
1.7325E.66 INSURANCE CLAIMS FOR RESIDENTIALROOFING
1.8CONTRACTING GOODS AND SERVICES.
1.9 Subdivision 1. Payment or rebate of insurance deductible. A residential
1.10contractor providingresidential roofing goods and services to be paid by an insured from
1.11the proceeds of a property or casualty insurance policy shall notadvertise or promise to
1.12pay or rebate all or part of any applicable insurance deductible, as an inducement to the
1.13sale or provision of goods or services to an insured, advertise or give directly or indirectly
1.14to an insured or any other person not in the employ of a residential contractor any: (1)
1.15rebate, including advertising or promising to pay all or any part of an insurance deductible;
1.16(2) gift; (3) prize; (4) bonus; (5) coupon; (6) credit; (7) referral fee; (8) trade-in or trade-in
1.17payment; (9) advertising or other fee or payment; or (10) anything of value whatsoever. If
1.18a residential contractor violates this section, the insurer to whom the insured tendered the
1.19claim shall not be obligated to consider the estimate prepared by the residential contractor.
1.20For purposes of this section, "residential contractor" means a residential roofer, as
1.21defined in section326B.802, subdivision 14 ; a residential contractor, as defined in section
1.22326B.802, subdivision 11
; and a residential remodeler, as defined in section
326B.802 ,
1.23subdivision 12.
2.1 Subd. 2.Violation Private remedy. If a residential contractor violates subdivision
2.21, the insured or the applicable insurer may bring an action against the residential
2.3contractor in a court of competent jurisdiction for damages sustained by the insured or
2.4insurer as a consequence of the residentialroofer's contractor's violation.
2.5 Subd. 3. Public enforcement. The commissioner of labor and industry shall enforce
2.6this section under sections 326B.081 to 326B.085.
1.3residential contractors; providing enforcement;amending Minnesota Statutes
1.42010, section 325E.66.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 325E.66, is amended to read:
1.7325E.66 INSURANCE CLAIMS FOR RESIDENTIAL
1.8CONTRACTING GOODS AND SERVICES.
1.9 Subdivision 1. Payment or rebate of insurance deductible. A residential
1.10contractor providing
1.11the proceeds of a property or casualty insurance policy shall not
1.12
1.13sale or provision of goods or services to an insured, advertise or give directly or indirectly
1.14to an insured or any other person not in the employ of a residential contractor any: (1)
1.15rebate, including advertising or promising to pay all or any part of an insurance deductible;
1.16(2) gift; (3) prize; (4) bonus; (5) coupon; (6) credit; (7) referral fee; (8) trade-in or trade-in
1.17payment; (9) advertising or other fee or payment; or (10) anything of value whatsoever. If
1.18a residential contractor violates this section, the insurer to whom the insured tendered the
1.19claim shall not be obligated to consider the estimate prepared by the residential contractor.
1.20For purposes of this section, "residential contractor" means a residential roofer, as
1.21defined in section
1.23subdivision 12.
2.1 Subd. 2.
2.21, the insured or the applicable insurer may bring an action against the residential
2.3contractor in a court of competent jurisdiction for damages sustained by the insured or
2.4insurer as a consequence of the residential
2.5 Subd. 3. Public enforcement. The commissioner of labor and industry shall enforce
2.6this section under sections 326B.081 to 326B.085.
