1.1.................... moves to amend H.F. No. 1420 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2010, section 325E.66, is amended to read:
1.4325E.66 INSURANCE CLAIMS FOR RESIDENTIAL ROOFING
1.5CONTRACTING GOODS AND SERVICES.
1.6 Subdivision 1.
Payment or rebate of insurance deductible. A residential
1.7contractor providing
the repair or replacement of residential roofing
goods and services
1.8or siding to be paid by an insured from the proceeds of a property or casualty insurance
1.9policy shall not
, as an inducement to the sale or provision of goods or services to an
1.10insured, advertise or promise to pay
or rebate, directly or indirectly, all or part of any
1.11applicable insurance deductible
or offer to compensate an insured for providing any
1.12service to the insured. If a residential contractor violates this section, the insurer to whom
1.13the insured tendered the claim shall not be obligated to consider the estimate prepared by
1.14the residential contractor.
1.15For purposes of this section, "residential contractor" means a residential roofer, as
1.16defined in section
326B.802, subdivision 14; a residential contractor, as defined in section
1.17326B.802, subdivision 11
; and a residential remodeler, as defined in section
326B.802,
1.18subdivision 12
; and a siding contractor registered under section 326B.802, subdivision 15.
1.19 Subd. 2.
Violation Private remedy. If a residential contractor violates subdivision
1.201, the insured or the applicable insurer may bring an action against the residential
1.21contractor in a court of competent jurisdiction for damages sustained by the insured or
1.22insurer as a consequence of the residential
roofer's contractor's violation.
1.23 Subd. 3. Public enforcement. The commissioner of labor and industry shall enforce
1.24this section under sections 326B.081 to 326B.085.
1.25 Sec. 2. Minnesota Statutes 2010, section 326B.811, subdivision 1, is amended to read:
2.1 Subdivision 1.
Required. A person who has entered into a written contract with
2.2a
contractor residential roofer or a siding contractor registered under section 326B.802,
2.3subdivision 15, to provide
residential roofing goods and services to be paid by the
2.4insured from the proceeds of a property or casualty insurance policy has the right to
2.5cancel the contract within 72 hours after the insured has been notified by the insurer
2.6that the claim has been denied. Cancellation is evidenced by the insured giving written
2.7notice of cancellation to the contractor at the address stated in the contract. Notice of
2.8cancellation, if given by mail, is effective upon deposit in a mailbox, properly addressed
2.9to the contractor and postage prepaid. Notice of cancellation need not take a particular
2.10form and is sufficient if it indicates, by any form of written expression, the intention of the
2.11insured not to be bound by the contract."
2.12Delete the title and insert:
2.14relating to commerce; regulating the provision of certain goods and services of
2.15residential contractors; providing enforcement; amending Minnesota Statutes
2.162010, sections 325E.66; 326B.811, subdivision 1."