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SF 3909

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/01/2024 03:15pm

KEY: stricken = removed, old language.
underscored = added, new language.
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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 5, 6, 7.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

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 provider
new 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. 2.

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
4
new 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. 3.

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 their 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) Nothing in this section creates a private cause of action in favor of a person injured
by a violation of this section.