HF 4133
1st Engrossment - 94th Legislature (2025 - 2026)
Posted on 03/17/2026 12:07 p.m.
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A bill for an act
relating to insurance; prohibiting certain exclusions in homeowner's insurance
policies when damage is done by a peace officer; amending Minnesota Statutes
2024, section 65A.27, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapter 65A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 65A.27, subdivision 1, is amended to read:
Subdivision 1.
Scope.
For purposes of sections 65A.27 to deleted text begin 65A.302deleted text end new text begin 65A.304new text end , the following
terms have the meanings given.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2027, and applies to
homeowner's insurance policies offered, issued, or renewed on or after that date.
new text end
Sec. 2.
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[65A.304] DAMAGE BY PEACE OFFICERS; MITIGATION.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Industrial hygienist" means an individual who has:
new text end
new text begin
(1) a certified industrial hygienist credential from the Board for Global EHS
Credentialing; or
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(2) an equivalent certification from a nationally or internationally recognized accrediting
body demonstrating competency in the anticipation, recognition, evaluation, and control of
occupational and environmental health hazards.
new text end
new text begin
(c) "Just compensation" has the meaning given in section 626.74, subdivision 1, clause
(1).
new text end
new text begin
(d) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
(c).
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new text begin Subd. 2. new text end
new text begin Exclusion prohibited. new text end
new text begin
(a) A policy of homeowner's insurance must not include
an exclusion for circumstances when the homeowner is owed just compensation under
section 626.74 for damage due to a peace officer's use of chemical irritants, smoke screens,
or diversionary devices.
new text end
new text begin
(b) Nothing in this section affects a local government's duty to pay just compensation
under section 626.74.
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new text begin
(c) Nothing in this section prohibits an insurer from requiring a homeowner to subrogate
the homeowner's interest in the just compensation to the insurer.
new text end
new text begin Subd. 3. new text end
new text begin Mitigation. new text end
new text begin
(a) Under a policy of homeowner's insurance, an insurer must allow
a homeowner to choose a mitigation contractor and, if necessary, an industrial hygienist to
resolve damage due to a peace officer's use of chemical irritants, smoke screens, or
diversionary devices, when the homeowner is owed just compensation under section 626.74.
new text end
new text begin
(b) The work performed by a mitigation contractor or industrial hygienist under this
subdivision must follow recognized industry standards and, if applicable, chemical
manufacturer guidelines in a safety data sheet.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2027, and applies to
homeowner's insurance policies offered, issued, or renewed on or after that date.
new text end