1.1.................... moves to amend S.F. No. 2744, the first unofficial engrossment, as follows:
1.2Page 163, after line 7, insert:

1.3    "Sec. .... Minnesota Statutes 2022, section 325E.66, subdivision 3, is amended to read:
1.4    Subd. 3. Public enforcement. The commissioner of labor and industry shall enforce
1.5this section subdivision 1 under sections 326B.081 to 326B.085.

1.6    Sec. ... [325E.67] POST-LOSS ASSIGNMENT OF BENEFITS.
1.7    Subdivision 1. Definitions. (a) For purposes of this section, the terms in this subdivision
1.8have the meanings given.
1.9(b) "Residential contractor" means a residential roofer, as defined in section 326B.802,
1.10subdivision 14; a residential building contractor, as defined in section 326B.802, subdivision
1.1111; or a residential remodeler, as defined in section 326B.802, subdivision 12.
1.12(c) "Residential real estate" means a new or existing building, including appurtenant
1.13structures, constructed for habitation by at least one family but no more than four families.
1.14    Subd. 2. Post-loss assignment. A post-loss assignment of rights or benefits to a residential
1.15contractor under a property and casualty insurance policy insuring residential real estate
1.16must comply with the following:
1.17(1) the assignment must only authorize a residential contractor to be named as a copayee
1.18for the payment of benefits under a property and casualty insurance policy covering
1.19residential real estate;
1.20(2) the assignment must include all of the following:
1.21(i) an itemized description of the work to be performed;
2.1(ii) an itemized description of materials, labor, and fees for the work to be performed;
2.2and
2.3(iii) a total itemized amount to be paid for the work to be performed;
2.4(3) the assignment must include a statement that the residential contractor has made no
2.5assurances that the claimed loss is fully covered by an insurance contract and must include
2.6the following notice in capitalized 14-point type:
2.7"YOU ARE AGREEING TO ASSIGN CERTAIN RIGHTS YOU HAVE UNDER
2.8YOUR INSURANCE POLICY. THE ITEMIZED DESCRIPTION OF THE WORK
2.9PERFORMED, AS SET FORTH IN THIS ASSIGNMENT FORM, HAS NOT BEEN
2.10AGREED TO BY THE INSURER. PLEASE READ AND UNDERSTAND THIS
2.11DOCUMENT BEFORE SIGNING. THE INSURER MAY ONLY PAY FOR THE
2.12REASONABLE COST TO REPAIR OR REPLACE DAMAGED PROPERTY CAUSED
2.13BY A COVERED PERIL, SUBJECT TO THE TERMS OF THE POLICY.";
2.14(4) the named insured has the right to cancel the assignment within ten business days
2.15after receipt of the scope of work by the insurance company. The cancellation must be made
2.16in writing or a comparable digital format. Within ten business days of the date of the written
2.17cancellation, the residential contractor must tender to the named insured, the landowner, or
2.18the possessor of the real estate any payments, partial payments, or deposits that have been
2.19made by that person;
2.20(5) the assignment must include the following notice in capitalized 14-point type, located
2.21in the immediate proximity of the space reserved in the assignment for the signature of the
2.22named insured:
2.23"YOU MAY CANCEL THIS ASSIGNMENT WITHOUT PENALTY WITHIN TEN
2.24(10) BUSINESS DAYS FROM THE LATER OF THE DATE THE ASSIGNMENT IS
2.25EXECUTED OR THE DATE ON WHICH YOU RECEIVE A COPY OF THE EXECUTED
2.26ASSIGNMENT. YOU MUST CANCEL THE ASSIGNMENT IN WRITING AND THE
2.27CANCELLATION MUST BE DELIVERED TO [insert the name and address of residential
2.28contractor as provided by the residential contractor]. IF MAILED, THE CANCELLATION
2.29MUST BE POSTMARKED ON OR BEFORE THE TEN (10) BUSINESS DAY
2.30DEADLINE. IF YOU CANCEL THIS ASSIGNMENT, THE RESIDENTIAL
2.31CONTRACTOR HAS UP TO TEN (10) BUSINESS DAYS TO RETURN ANY
2.32PAYMENTS OR DEPOSITS YOU HAVE MADE.";
3.1(6) the assignment must not impair the interests of a mortgagee or other parties with any
3.2legal interests listed on the declarations page of the property and casualty insurance policy
3.3that is the subject of the assignment; and
3.4(7) the assignment must not prevent or inhibit an insurer from communicating with the
3.5named insured or mortgagee listed on the declarations page of the property and casualty
3.6insurance policy that is the subject of the assignment.
3.7    Subd. 3. Other requirements. A residential contractor receiving the assignment described
3.8in subdivision 2 must:
3.9(1) deliver a copy of the assignment to the insurer of the residential real estate within
3.10five business days of the date the assignment is executed;
3.11(2) cooperate with the insurer of the residential real estate in an investigation into the
3.12claim by providing documents and records requested by the insurer and complying with the
3.13post-loss duties under the insurance policy; and
3.14(3) comply with section 325E.66.
3.15    Subd. 4. Certain assignments void. A post-loss assignment of benefits entered into
3.16with a residential contractor that violates any provision of the federal Insured Homeowner's
3.17Protection Act of 1998, Public Law 105-216, as amended, is void."
3.18Page 173, delete section 19 and insert:

3.19    "Sec. .... Minnesota Statutes 2022, section 325F.70, is amended by adding a subdivision
3.20to read:
3.21    Subd. 3. Private enforcement. (a) In addition to the remedies otherwise provided by
3.22law, a consumer injured by a violation of sections 325F.68 to 325F.70, in connection with
3.23a sale of merchandise for personal, family, household, or agricultural purposes, may bring
3.24a civil action and recover damages, together with costs and disbursements, including costs
3.25of investigation and reasonable attorney fees, and receive other equitable relief as determined
3.26by the court. An action brought under this section benefits the public.
3.27(b) For the purposes of this subdivision:
3.28(1) "consumer" means a natural person or family farmer;
3.29(2) "family farmer" means a person or persons operating a family farm; and
3.30(3) "family farm" has the meaning given in section 116B.02, subdivision 6.
4.1EFFECTIVE DATE.This section is effective August 1, 2023, and applies to causes
4.2of action commenced on or after that date."
4.3Renumber the sections in sequence and correct the internal references
4.4Amend the title accordingly