ENTITLED, An Act to prohibit rebates and regulate contracts for residential roofing goods and
services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. No contractor providing residential roofing goods and services to any person or entity
may advertise or promise to pay or rebate all or part of any applicable insurance deductible. If a
contractor violates this section, any contract entered into between the contractor and that person or
entity is null and void.
Section 2. Any person or entity that has entered into a written storm damage repair contract to
obtain or provide residential roofing goods and services may cancel the contract within seventy-two
hours after:
(1) Entering into the contract; or
(2) Being notified that the owner's property insurance carrier has denied coverage, in whole
or in part, for that person's or entity's claim under a property insurance policy for goods
and services to be provided pursuant to the residential roofing goods and services
contract.
Cancellation is evidenced by the customer giving written notice of cancellation to the contractor at
the address stated in the contract. Notice of cancellation, if given by mail, is effective upon deposit
in a mailbox if properly addressed to the contractor and the postage is prepaid. Notice of cancellation
is sufficient if the notice indicates, by any form of written expression, the intention of the customer
that the customer does not wish to be bound by the contract, subject to the payment of the reasonable
documented restocking fee by the third party supplier of the roofing materials, and the payment of
the agreed upon or reasonable cost of any emergency repairs already performed by the contractor.
Before entering such a contract, the contractor shall:
(1) Furnish the customer with a statement in boldface type of a minimum size of ten points,
in substantially the following form: "You may cancel this contract within seventy-two
hours after you:
(a) Have entered into the contract; or
(b) Have been notified that your property insurance carrier has denied coverage for
your claim, in whole or in part, to pay for the goods and services to be provided
under this contract. See attached notice of cancellation form for an explanation of
this right."; and
(2) Furnish each customer a fully completed form in duplicate, captioned, "NOTICE OF
CANCELLATION," which shall be attached to the contract and easily detachable, and
which shall contain in boldface type of a minimum size of ten points the following
information and statements:
"NOTICE OF CANCELLATION
You may cancel this contract for any reason within seventy-two hours after entering into
this contract. In addition, if your insurer denies coverage for your claim, in whole or in
part, to pay for goods and services to be provided under this contract, you may cancel the
contract by mailing or delivering a signed and dated copy of this cancellation notice or
any other written notice to (name of contractor) at (address of contractor's place of
business) at any time within seventy-two hours after you have been notified that your
claim has been denied. If you cancel, any payments made by you under the contract for
any goods and services not actually performed will be returned within ten business days
following receipt by the contractor of your cancellation notice.
I HEREBY CANCEL THIS TRANSACTION.
_____________________________________
(date)
____________________________________
(Insured's signature)"
Within ten days after such a contract has been canceled, the contractor shall tender to the insured
any payments made by the insured and any note or other evidence of indebtedness for any goods and
services not actually performed.
Section 3. For the purposes of this Act, the term, contractor, is a residential building contractor
who is providing roofing services, a residential remodeler who is providing roofing services, or a
residential roofer.
An Act to prohibit rebates and regulate contracts for residential roofing goods and services.
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I certify that the attached Act
originated in the
SENATE as Bill No. 145
____________________________
Secretary of the Senate
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____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate Bill No. 145
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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