Minnesota Legislature
HF 3526
2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/12/2024 07:59am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/05/2024 | |
| 1st Engrossment | Posted on 02/22/2024 | |
| 2nd Engrossment | Posted on 03/12/2024 |
Current Version - 2nd Engrossment
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A bill for an act
relating to consumer protection; changing application of abnormal market disruption
and unconscionably excessive price prohibition; amending Minnesota Statutes
2023 Supplement, section 325E.80, subdivisions 1, 5, 6, 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2023 Supplement, section 325E.80, subdivision 1, is amended
to read:
Subdivision 1.
Definitions.
(a) For purposes of this section, the terms in this subdivision
have the meanings given.
(b) "Essential consumer good or service" means a good or service that is vital and
necessary for the health, safety, and welfare of the public, including without limitation:
food; water; fuel; gasoline; shelter; construction materials; transportation; health care
services; pharmaceuticals; and medical, personal hygiene, sanitation, and cleaning supplies.
new text begin
(c) "Restoration and mitigation services provider" means a person or business that
provides service to prevent further damage to property following a fire, smoke, water, or
storm event. Services include but are not limited to board up of property, water extraction,
drying, smoke or odor removal, cleaning, and personal property inventory, removal, and
storage.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end "Seller" means a manufacturer, supplier, wholesaler, distributor, or retail seller
of goods and services.
new text begin
(e) "Tree trimmer" means a person registered under section 18G.07.
new text end
deleted text begin (d)deleted text end new text begin (f)new text end "Unconscionably excessive price" means a price that represents a gross disparity
compared to the seller's average price of an essential good or service, offered for sale or
sold in the usual course of business, in the 60-day period before an abnormal market
disruption is declared under subdivision 2. None of the following is an unconscionably
excessive price:
(1) a price that is substantially related to an increase in the cost of manufacturing,
obtaining, replacing, providing, or selling a good or service;
(2) a price that is no more than 25 percent above the seller's average price during the
60-day period before an abnormal market disruption is declared under subdivision 2;
(3) a price that is consistent with the fluctuations in applicable commodity markets or
seasonal fluctuations; or
(4) a contract price, or the results of a price formula, that was established before an
abnormal market disruption is declared under subdivision 2.
Sec. 2.
Minnesota Statutes 2023 Supplement, section 325E.80, subdivision 5, is amended
to read:
Subd. 5.
Prices and rates.
Upon the occurrence of a weather event classified as a severe
thunderstorm pursuant to the criteria established by the National Oceanic and Atmospheric
Administration, a residential building contractornew text begin , tree trimmer, or restoration and mitigation
services providernew text end operating within the geographic region impacted by the weather event
and repairing damage caused by the weather event shall not:
(1) charge an unconscionably excessive price for labor in comparison to the market price
charged for comparable services in the geographic region impacted by the weather event;
or
(2) charge an insurance company a rate that exceeds what the residential building
contractornew text begin , tree trimmer, or restoration and mitigation services provider wouldnew text end otherwise
deleted text begin charges membersdeleted text end new text begin charge a membernew text end of the general public.
Sec. 3.
Minnesota Statutes 2023 Supplement, section 325E.80, subdivision 6, is amended
to read:
Subd. 6.
Civil penalty.
A person who is found to have violated deleted text begin this sectiondeleted text end new text begin subdivision
4new text end is subject to a civil penalty of not more than $1,000 per sale or transaction, with a maximum
penalty of $25,000 per day. No other penalties may be imposed for the same conduct
regulated under deleted text begin this sectiondeleted text end new text begin subdivision 4new text end .
Sec. 4.
Minnesota Statutes 2023 Supplement, section 325E.80, subdivision 7, is amended
to read:
Subd. 7.
Enforcement authority.
(a) The attorney general may investigate and bring
an action new text begin using the authority under section 8.31 new text end against a seller deleted text begin ordeleted text end new text begin ,new text end residential building
contractornew text begin , tree trimmer, or restoration and mitigation services providernew text end for an alleged
violation of this section.
(b) new text begin Notwithstanding section 8.31, subdivision 3a,new text end nothing in this section creates a private
cause of action in favor of a person injured by a violation of this section.