1.1    .................... moves to amend H. F. No. 3783 as follows:
1.2Page 1, after line 16, insert:

1.3    "Section 1. Minnesota Statutes 2006, section 59B.01, is amended to read:
1.5    (a) The purpose of this chapter is to create a legal framework within which service
1.6contracts may be sold in this state.
1.7    (b) The following are exempt from this chapter:
1.8    (1) warranties;
1.9    (2) maintenance agreements;
1.10    (3) warranties, service contracts, or maintenance agreements offered by public
1.11utilities, as defined in section 216B.02, subdivision 4, or an entity or operating unit owned
1.12by or under common control with a public utility;
1.13    (4) service contracts sold or offered for sale to persons other than consumers;
1.14    (5) service contracts on tangible property where the tangible property for which the
1.15service contract is sold has a purchase price of $250 or less, exclusive of sales tax;
1.16    (6) motor vehicle service contracts as defined in section 65B.29, subdivision 1,
1.17paragraph (1);
1.18    (7) (6) service contracts for home security equipment installed by a licensed
1.19technology systems contractor; and
1.20    (8) (7) motor club membership contracts that typically provide roadside assistance
1.21services to motorists stranded for reasons that include, but are not limited to, mechanical
1.22breakdown or adverse road conditions.
1.23    (c) The types of agreements referred to in paragraph (b) are not subject to chapters
1.2460A to 79A, except as otherwise specifically provided by law.
1.25    (d) Service contracts issued by motor vehicle manufacturers covering private
1.26passenger automobiles are only subject to sections 59B.03, subdivision 5, 59B.05, and

2.1    Sec. 2. Minnesota Statutes 2006, section 59B.02, is amended by adding a subdivision
2.2to read:
2.3    Subd. 5a. Motor vehicle manufacturer. "Motor vehicle manufacturer" means
2.4a person that:
2.5    (1) manufactures or produces motor vehicles and sells motor vehicles under its
2.6own name or label;
2.7    (2) is a wholly owned subsidiary of the person that manufactures or produces motor
2.9    (3) is a corporation which owns 100 percent of the person that manufactures or
2.10produces motor vehicles;
2.11    (4) does not manufacture or produce motor vehicles, but sells motor vehicles under
2.12the trade name or label of another person that manufactures or produces motor vehicles;
2.13    (5) manufactures or produces motor vehicles and sells such motor vehicles under the
2.14trade name or label of another person that manufactures or produces motor vehicles; or
2.15    (6) does not manufacture or produce motor vehicles but, pursuant to a written
2.16contract, licenses the use of its trade name or label to another person that manufactures
2.17or produces motor vehicles and that sells motor vehicles under the licensor's trade name
2.18or label.

2.19    Sec. 3. Minnesota Statutes 2006, section 59B.02, subdivision 11, is amended to read:
2.20    Subd. 11. Service contract. "Service contract" means a contract or agreement for a
2.21separately stated consideration for a specific duration to perform the repair, replacement,
2.22or maintenance of property or indemnification for repair, replacement, or maintenance, for
2.23the operational or structural failure due to a defect in materials, workmanship, or normal
2.24wear and tear, with or without additional provisions for incidental payment of indemnity
2.25under limited circumstances, including without limitation, towing, rental, emergency
2.26road service, and road hazard protection. Service contracts may provide for the repair,
2.27replacement, or maintenance of property for damage resulting from power surges and
2.28accidental damage from handling.

2.29    Sec. 4. Minnesota Statutes 2006, section 59B.05, subdivision 5, is amended to read:
2.30    Subd. 5. Coverages, limitations, and exclusions. No particular causes of loss or
2.31property are required to be covered, but service contracts must specify the merchandise
2.32and services to be provided and, with equal prominence, any limitations, exceptions, or
2.33exclusions including, but not limited to, any damage or breakdown not covered by the
2.34service contract. Service contracts may cover damage resulting from rust, corrosion, or
2.35damage caused by a noncovered part or system."
3.1Page 23, line 23, delete "section" and insert "sections" and delete "is" and insert
3.2"and 65B.29, are"
3.3Renumber the sections in sequence and correct the internal references
3.4Amend the title accordingly